PANAJI: Samrat Bhagat, a resident of Nagarsem, Canacona has filed a petition in the Sessions Court, Margao seeking to cancel the bail granted to model and actor Poonam Pandey and her husband Sam Ahmed Bombay.

The JMFC, Canacona had granted conditional bail to Poonam Pandey and her husband Sam Ahmed after they were arrested by the Canacona police after a vulgar video of the model went viral on social media last week.

Bhagat in his criminal miscellaneous application has stated that the JMFC order was prima facie illegal, perverse and bad in law and that the court 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.

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.

Bhagat said that the police had not attached the actual device used for the commission of the offence. The police had 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 ought not to have enlarged the duo on bail without proper verification of the camera and the memory card by the police, and sufficient opportunity ought to have been granted to the police.

The Canacona police have registered a case against Poonam Pandey and her husband under Sections 292, 293 and 294 of IPC, Section 4 read with 6 of the Indecent Representation of Women (Prohibition) Act and Section 67, 67A of the Information Technology (IT) Act.