Raj Kundra Pornography Case: Shilpa Shetty's defamation lawsuit had its hearing on July 30. The judge gave directions to remove malicious content and also elaborated on freedom of the press & the right to privacy.
Raj Kundra's anticipatory bail is to be pronounced on August 2
Due to the lack of time on July 30, the Mumbai Sessions court reportedly said that the order in the anticipatory bail application of Raj Kundra will be pronounced on August 2. The British-Indian businessman is in judicial custody for his alleged involvement in the production and distribution of pornographic films in India.
Mumbai Sessions court will pronounce its order in the anticipatory bail application of Raj Kundra in the Maharashtra Cyber department case of 2020.
— ANI (@ANI) July 30, 2021
The order will be pronounced on 2nd August. The court adjourned the order due to a paucity of time today. pic.twitter.com/a2mWBnwUxJ
Shilpa Shetty's defamation lawsuit against media outlets
On July 19, Shilpa Shetty had filed a defamation lawsuit against media houses and certain individuals publishing content regarding the Raj Kundra pornography case. She demanded compensation for the damages worth Rs 25 crore. This lawsuit was heard by Justice Gautam S Patel on July 30.
Justice Gautam S Patel said, "The line between freedom of press & right to privacy will have to be balanced. It is possible that freedom of speech may have to be narrowly tailored. But it is not possible to ignore the constitutional pinning of privacy nor to say that if a person is a public figure, that person is deemed to have sacrificed his right to privacy."
He also directed three videos by private individuals deemed to be malicious, to be taken done and not uploaded again. He further addressed the content that spoke about Shetty's parenting in connection to the case.
HC adds Police statements cannot be considered defamatory
The Bombay High Court Judge also addressed Shetty's lawyers concerns about articles reporting police statements which said that "Shetty cried and had a fight with Kundra" after he got home. Justice Patel added that police statements cannot be considered defamatory.
He added, " If this had happened in the four walls of your house with no one around then the issue is different. But this has happened in the presence of outsiders. How is this defamation?"
Shilpa Shetty receives support from Hansal Mehta
Shetty received support from director-producer Hansal Mehta. He wrote in his tweets, "If you cannot stand up for her at least leave Shilpa Shetty alone and let the law decide? Allow her some dignity and privacy. It is unfortunate that people in public life ultimately are left to fend for themselves and are proclaimed guilty even before justice is meted out."
This vilification is a pattern. If the allegations are against a film person there is a rush to invade privacy, to pass sweeping judgement, to character-assassinate, to fill 'news' with trashy gossip - all at the cost of individuals and their dignity. This is the cost of silence.
— Hansal Mehta (@mehtahansal) July 30, 2021