After being in jail for two months and then getting bail, now businessman Raj Kundra has filed written notes in his anticipatory bail application at the Bombay High Court in connection to the pornography case that also involves Poonam Pandey and Sherlyn Chopra.
The Court, last week adjourned the hearing in the case for Monday, November 22. In his written notes, Kundra's legal team headed by Advocate Swapnil Ambure and Advocate Prashant Patil stated that "no case under Section 67, nor 67(A) can be made out against the applicant or against any other co-accused, in the present prosecution."
In a statement to ETimes, Ambure said, "The prosecution is to contend that Sherlyn Chopra and Poonam Pandey's videos are the subject matter of the offence. It is a matter of record that Mr. Kundra has played no part either in making or distribution of the said videos. In fact, both Ms Chopra and Pandey have said that they themselves made such videos and it was done by them for making commercial gains."
Patil adds, "We have submitted a judgment and a brief note which shows how the said content/videos do not attract 67A of the IT Act. The expression 'Explicit' means, 'Stated clearly and precisely and or prescribing or representing sexual activity in direct and detailed way." While the expression 'Sexual Activity' is defined in Black's Law Dictionary as 'Physical sexual activity or both persons engaged in sexual relations'."
They also allege that Kundra, “Is in no way connected to the content creation, publication or even transmitting the said videos.”
They also argued that "the videos may be erotic but do not involve any physical sexual activity or both persons engaged in sexual relations."
Addressing the investigations involving the app ‘Hotshots’, the lawyers stated that, “None of the content which was displayed on ‘Hotshots’ was created or uploaded during the period which he was connected with it.”
Countering the allegations put forth by Chopra and Pandey, they cited in the application that the content, “Is not sexually explicit as is required under 67A of the IT Act. Also, Ms Chopra and Ms Pandey, through their personal OTT app provided by the Applicants Company had full control over the broadcasting and distribution, and have earned remuneration out of it.”
It further went to state that both Poonam and Sherlyn were provided with the platform through which they could have interactions with their fans who paid for its subscription.
The Bombay HC in July accepted Sherlyn and Poonam's anticipatory bail applications in the porn case. After hearing their plea, the Court announced that no coercive action will be taken against the duo till September 20, 2021.
The duo has maintained that they had been forced by Kundra into shooting the A-rated films.
The anticipatory bail hearing will be held on Thursday, 25th November.