Model Sherlyn Chopra told the Supreme Court that websites on which obscene video clips were allegedly found are based in France and Canada, and that she has no control over them.
NEW DELHI: The Supreme Court on Friday protected model Sherlyn Chopra from arrest for three weeks in connection with a porn film racket case probed by Mumbai Police where businessman Raj Kundra is one of the accused.
After her bail was rejected by the Bombay high court on November 25, Sherlyn Chopra moved the top court claiming that she had no role to play with the circulation of her videos on the websites which are banned in India and are based outside the country.
A bench of justices Vineet Saran and Aniruddha Bose issued notice on her petition to the Maharashtra government and directed stay on her arrest. The bench said, “Issue notice, returnable in three weeks. In the meanwhile, no coercive action shall be taken against the petitioner.”
Sherlyn Chopra was represented in court by advocate Sunil Fernandes. He pointed out that similar relief was granted by the top court in the past to businessman Raj Kundra in December, model Poonam Pandey last month and another accused, Umesh Kamat, in the recent past. They were all named accused along with her in the criminal case registered by Mumbai Police in November 2020 under the various provisions of the Indian Penal Code, Information Technology Act, and Indecent Representation of Women (Prohibition) Act.
In her petition she said, “Websites on which the obscene video clips were allegedly found are foreign companies having origin in France and Canada and the petitioner has no connection or control over them. Any unverified user or person can upload any video on such websites without the knowledge of the person shown or made to appear in the video.”
Also Read: Sherlyn Chopra takes a dig at Shilpa Shetty’s statement that she didn’t know what Raj Kundra was upto
Sherlyn Chopra’s petition further stated that the websites named in the FIR have been banned by the Centre in July 2015 and it was wrong to charge her under Section 67A of IT Act, the only charge slapped against her which is non-bailable. This provision punishes a person for publishing or transmitting any material containing sexually explicit act in electronic form and is punishable with a five-year imprisonment.
The high court while denying Sherlyn Chopra protection from arrest granted interim protection which expired last month.
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