Arrest of Avnish Bajaj, CEO of Is Deplorable

    December 19, 2004

It’s a weird case involving the sale of illicit internet porn, video via cell phone and the internet auction sell of VCDs.

Unfortunately, the legal system in India has made this story even stranger by holding the CEO of baazee responsible for a crime he had nothing to do with.

The India-born American citizen was arrested under Section 67 of the Information Technology Act which makes it a crime to transmit obscene material through electronic media. He was arrested Saturday and will not be released until December 24th. Most legal experts are perplexed about the arrest and continued holding of Bajaj.

Amit Desai, a prominent lawyer in Mumbai, elaborates, “Custody is required for facilitating crucial investigation which can’t be done when, say, the person is free. It is also required if there is sufficient apprehension that the person would run away or tamper with the probe or evidence. In the context of the case, no form of custodial interrogation is required, much less is there fear of any tampering.”

According to news reports Sunday, police arrested “expelled Delhi Public School (DPS) student who allegedly forwarded an MMS showing his classmate engaged in a sexual act with him.

Delhi Police officials swooped down on the 17-year-old boy, who had been evading the police dragnet for over a week, from a location in south Delhi.

Confirming the arrest, a senior police officer said a cellular phone and other gadgets were seized from the boy, whose name was not disclosed since he is a juvenile.”

An article published at adds to the story …

“Besides being put up for sale on – which was recently acquired by US-based – the 2.37-minute sex clip, filmed by the boy using his mobile phone, was circulated widely as a multimedia message and sold in the form of VCDs.

Ravi Raj Singh, 23, a student of the Indian Institute of Technology at Kharagpur in West Bengal, was arrested Wednesday for allegedly selling the clip on VCDs to eight clients through”

What kind of legal system holds a CEO responsible for a crime of which he had no knowledge and no way of stopping?

Rich Ord is the CEO of iEntry, Inc. which publishes over 200 websites and email newsletters.

Rich also publishes his blog WebProBlog which focuses on internet business and marketing trends.