THE GOAN NETWORK
CANACONA
Contending that the bail granted by the Canacona JMFC to actress Poonam Pandey and her hubby in the porn video case at Chapoli Dam was perverse and bad in law, one of the complainants has petitioned the Sessions Court in Margao to cancel the bail.
Samrat Bhagat submitted two applications, one each against Pandey and Sam Ahmed Bombay, under Section 439 (2)of CrPC in the Sessions Court, Margao,
The State government and Canacona police inspector have also been made respondents in both applications submitted to the Sessions Court on Monday.
“The applications are likely to come up for hearing within 48 hours,” informed Adv Dharmesh Vernekar, who is representing Samrat Bhagat.
Submitting the details of JMFC Court Canacona order and conditions imposed while granting bail to Poonam Pandey and Sam Bombay, Adv Vernekar claimed that the order is prima facie illegal, perverse and bad in law.
“The police have not attached the actual device used for commission of the offence. The police have not verified and confirmed that the camera and memory card submitted by the accused was used to record the video and to edit the same.”
“The JMFC erred in holding that the making of a video or a film cannot be outright be termed as obscene or immoral because public say so and there is a public outcry, without actually viewing the said video.”
“The applicant states that plain viewing of the said video exposes the prima facie nature of the obscenity and indecency of the said video,” said Vernekar.
“The JMFC erred in holding that one cannot, given the facts and circumstances, come to a conclusion that all nudity is obscene, without viewing the video.”
“Though the applicant was directed to report at the Canacona police station, the applicant has failed to report at the police station as per the order. The applicant has not given the contact number to the Investigating Officer and details of her place of residence.”
Adv Vernekar argued that the JMFC ought not to have released the applicant on bail when crucial evidence regarding uploading and deletion of the video was not gathered by the police.
“The JMFC erred in overlooking the fact that the equipment used in the recording of the video was not attached at the time of the impugned order and was yet to be recovered and attached.”
“The order of the JMFC is perverse, bad in law and therefore deserves to be set aside,” he contended.
Bhagat is one of six complainants to have filed a police complaint after the porn video shot at Chapoli Dam went viral on social media sparking off outrage, angry protests and a half-day bandh in Canacona.
