OPINION : Raj Kundra’s alleged pornographic case poses a serious challenge to Mumbai police.

Surat :  The entire Bollywood is shocked over Raj Kundra’s alleged involvement in the adult film racket. However, a senior criminal lawyer from Surat, Zameer Shaikh has a different view on the entire case and he claims there is something fishy and not a cakewalk for the Mumbai police to prove the allegations. In a tete-a-tete with  The Blunt Times, Shaikh raised several legal aspects into the arrest and alleged involvement of businessman Raj Kundra, husband of actor and businesswoman Shilpa Shetty, by the Mumbai police on July 19.

After the arrest of Raj Kundra, his whatsapp chat had gone viral, showing his conversation with one Pradeep Bakshi, about how much money they minted through the porn films.

According to Zameer Shaikh, the mobile phone of Raj Kundra is under the Mumbai police’s custody. If his personal whatsapp chats has come in the public domain through electronic media, the alleged pornographic short films should have hit the public platforms. Why his short films are not in the public domain?

Talking with TBT, Shaikh said, “There is something fishy in the entire case. Kundra’s company might be disobeying the contracts with the artists, but the content in the short films are pornographic or erotic is yet to be decided by the Mumbai police. There is a plenty of content on the Youtube and other platform, which can be defined as erotic.

Can we consider the intimate scene of Vinod Khanna and Madhuri Dixit in the film ‘Dayavan’ as pornographic?

According to Shaikh, erotic movies play with and stimulate fantasy, emotions and feelings. It is erotic by showing sexual activity, but not in all detail. Aroused genitals, copulating sex  organs, penetration and ejaculation are not shown and merely insinuated. The details are left to the fantasy of the viewer.

However, in the pornographic movie,  sexual activity is animalic and raw. It is shown in all detail, with the intent to sexually arouse the viewer. Nothing or very little is left to the fantasy of the viewers, which is achieved by depicting aroused parts (mostly the penis, but also swollen labia or clitoris), copulating genitals, penetration and orgasm.

Who is Raj Kundra?

Raj Kundra is famous because he is the husband of Bollywood Actress, Shilpa Shetty. This is the reason why the media is interested. However, the criminal justice system works in a different way. The principle of pre-ponderance of probability does not apply to criminal matters and that even 1% of the doubt will help the accused.

According to Shaikh, the Mumbai police will have to prove the case against Raj Kundra beyond any doubt. Kundra’s case is of electronic evidence and that section 65(B) of Indian Evidence Act will come into play.

There is a million dollar question for the Mumbai police. Will they (Mumbai police) be able to get success in convicting Raj Kundra?

Zameer Shaikh

(Writer is the senior criminal lawyer in the Surat District and Sessions court. The views expressed here are of the writer)