With the ongoing story of Raj Kundra’s arrest making headlines, it seems the millionaire has moved Bombay High Court, saying his arrest was “illegal”.
As reported by E Times, Kundra has said that a mandatory notice before arrest was not issued by the police. His petition also stated that the Supreme Court makes it “completely illegal to arrest without complying with section 41(1) (b) and 41A of Criminal procedure code”.
It further goes on to say, “Magistrate failed to appreciate that the mandate of Arnesh Kumar particularly in the current COVID regime is of importance and significance because Chief Justice of India Justice N V Ramana’s three Judge bench judgement of In Re: Contagion of Covid-19 Virus in Prisons judgement”.
It also says that it is not possible to “invoke Indian Penal Code (IPC) sections in a case when the Information Technology (IT) Act is invoked.”
The case is ongoing and Kundra remains in custody.