Supreme Court Grants Protection From Arrest To Poonam Pandey In Porn Films Racket Case

The Supreme Court today granted protection from arrest to actress Poonam Pandey in porn films racket case.

The bench of Justices Vineet Saran and BV Nagarathna was considering the SLP assailing Bombay High Court's judgement dated November 25, 2021 in which the High Court had rejected her application seeking pre arrest bail.

While issuing notice, bench in its order said, "Issue notice. Tag with SLP (Crl) 79 of 2022. In the meanwhile, no coercive action shall be taken against the petitioner."

Case Before Bombay High Court

Poonam Pandey who was alleged to have acted in the vulgar video films had approached Bombay High Court seeking protection from arrest in FIR registered in Nodal Cyber Police Station for offences u/s 292 of the IPC, under Sections 67 and 67A of the Information Technology Act, 2000 and under Sections 3 and 4 of Indecent Women Representation Act, 1986.

The FIR was filed by a complainant alleging that websites broadcasting/exhibiting indecent video, audio files having lascivious, lustful, offensive sexual desire messages and videos were openly available through internet.

Poonam Pandey's counsel had submitted before the High Court that the applicant had cooperated with the Investigating Officer by joining investigation and had duly honoured notice issued u/s 41 A of Criminal Procedure Code, 1973.

Opposing the claim, the State's counsel had argued that Applicants' prima facie involvement in the offence could be inferred as creation and operation of OTT Platforms was not disputed by them.

While rejecting the pre-arrest bail, Justice Nitin Sambre had observed that, "The other co-accused Poonam Pandey and Sherlyn Chopra have specifically named the Applicant Raj Kundra who has instigated them to act in obscene films produced by Arms Prime of which he is a Director. Though co-accused Poonam Pandey has approached this Court in Writ Petition seeking certain reliefs against the company Arms Prime, that by itself will not exonerate accused persons viz. Raj Kundra, Poonam Pandey and Sherlyn Chopra from their prima facie involvement in the offence."

Case Title: Poonam Shobhanath Pandey v State of Maharashtra| SLP(Crl) 335/2022

Coram: Justices Vineet Saran and BV Nagarathna

Click Here To Read/Download Order