“Will hear Gehana Vasisth first”: Mumbai court declines to pass orders on Raj Kundra’s discharge plea

MUMBAI:  A magistrate’s court in Mumbai Monday declined to pass any orders on a discharge application filed by celebrity businessman (and husband of Bollywood actor Shilpa Shetty) Raj Kundra and said it would first hear actor Gehana Vasisth’s lawyers in the matter.

In 2022, Raj Kundra had filed an application before the magistrate’s court seeking discharge from charges related to the creation and distribution of porn films through apps. Later on, Gehana Vasisth also filed a similar application in the case.

While Kundra’s lawyers have finished their arguements in the matter and were pressing the court for orders, Gehana’s lawyers have as yet to file their affidavit of arguements. She was not heard due to adjournments and delay in receiving the Forensic reports.

Kundra, was arrested in the case in July 2021 and released on bail about two months later. His lawyer Prasant Patil argued that there was no concrete evidence against Kundra and he was dragged into the case by the police because of his celebrity status.

Police found no evidence that Kundra made any monetary or other kinds of gain from the alleged offence, and the prosecution has not attributed to him any intention to commit offense, his lawyer argued.

Kundra’s lawyers had sought a report from the Forensic Science Laboratory (FSL) concerning the articles (mobile phones, laptop, computers) seized and sent by the Investigating Officer in the case.

The police initially opposed the discharge application on the grounds that the report from the FSL was not complete. The prosecution claimed that without the crucial evidence of the forensic reports, the application for discharge cannot be decided.

Kundra’s lawyer then filed another application urging the court to “direct the Superintendent of the Kalina Forensic Laboratory to submit the Forensic Reports, within a time-bound period”.

Gehana Vasisth’s spokesperson and head of Legal Affairs, Flynn Remedios said they have full faith in the courts and the Indian judiciary and are rest assured that no adverse or prejudiced orders would be passed against Vasisth, without giving her a chance to be heard.

A First Information Report (FIR) was registered against Kundra and others after a woman approached the police and made certain allegations regarding cheating and creation of porn content. Later on at least four similar FIRs were registered by the Property Cell of the Mumbai Crime Branch, based on complaints of four victim women who alleged that they were similarly trapped by the group.

The Mumbai Crime Branch had arrested about 11 others including actor and producer Gehana Vasisth (real name Vandana Tiwari) in the various cases. Gehana was behind bars for over four months, before she was eventually granted bail.

Kundra was booked under Indian Penal Code sections 420 (cheating), 292 and 293 (related to obscene and indecent advertisements and displays) and sections of the Information Technology Act and Indecent Representation of Women (Prohibition) Act.