In a significant move, the Bombay High Court on April 25 directed the Mumbai Police not to arrest stand-up comedian Kunal Kamra in connection with an FIR lodged against him over his satirical video and the purported “gaddar” (traitor) remark aimed at Maharashtra’s Deputy Chief Minister, Eknath Shinde. A division bench of Justices Sarang Kotwal and Shriram Modak also instructed the police to seek assistance from the local authorities in Chennai, near Villupuram where Kunal Kamra currently resides, if they wish to record his statement. Moreover, the court directed that in the event a chargesheet is filed while the petition is pending, no cognizance should be taken by the concerned court until further orders.
Earlier, on April 16, the High Court had reserved its judgment while granting interim protection from arrest to Kamra, acknowledging that the police had issued summons under Section 35(3) of the Bharatiya Nyaya Sanhita (BNSS), which specifically pertains to situations where arrest is not required. Senior Advocate Navroz Seervai, representing Kamra, argued that the comedy clip in question squarely fell under the ambit of freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. He contended that the FIR was an attempt by the state, allegedly influenced by political motivations, to set an example by targeting an artist.
Seervai highlighted that Kamra had received multiple death threats from Shiv Sena workers following the release of the video, and despite the threats, the police insisted on his personal presence for the investigation. He also underscored that the satire was a commentary on the political split within Shiv Sena, a factual issue, and did not amount to any cognizable offence. On the other hand, Chief Public Prosecutor Hiten Venegavkar argued that Kamra’s video constituted “malicious targeting” rather than satire, thereby stripping it of constitutional protection under Article 19. Venegavkar emphasized that while artists have the right to free speech, they cannot maliciously tarnish the reputation of individuals, particularly public figures, under the guise of humor. The FIR, initially registered as a Zero FIR by Shiv Sena MLA Muraji Patel under Sections 353 and 356 of the BNS, alleges public mischief and defamation. Although Kamra did not explicitly name Shinde in his act, the party workers perceived his remarks as an attack on the Deputy CM, leading to violent backlash and vandalism at a performance venue in Mumbai.
