Bombay HC Protects Kunal Kamra from Arrest, Allows Probe Over Remarks on Eknath Shinde

The Bombay High Court on Friday provided interim relief to stand-up comedian Kunal Kamra, ruling that he should not be arrested for his remarks against Maharashtra Deputy Chief Minister Eknath Shinde. However, it allowed the police to continue investigating the matter.

Kamra’s Petition Admitted for Detailed Hearing

A division bench of Justices Sarang Kotwal and S M Modak admitted Kamra’s petition, where he sought to quash an FIR registered at Khar police station. The FIR was lodged over Kamra allegedly calling Shinde a “traitor” during a comedy show.

With the admission of the petition, the court said it would hear the case in full detail at a later date.

In the meantime, the bench ordered that “Investigation can continue. The petitioner (Kamra) shall not be arrested during the pendency of the petition.”

Conditions for Investigation Laid Out

The court directed that if the Mumbai Police wish to question Kamra, it must be done in Chennai—where Kamra currently resides—and only after issuing prior notice.

Kamra, in his petition, had raised concerns about travelling to Maharashtra due to receiving death threats after the controversy surfaced.

Acknowledging this, the bench further clarified, “If during the pendency of the petition, a chargesheet is filed in the case by the police, the concerned court shall not proceed with the same.”

Last week, the High Court had already granted Kamra temporary protection from arrest while reserving its order.

Kamra Argues Allegations Do Not Constitute an Offence

Kamra’s plea seeks the complete quashing of the FIR, arguing that even if all accusations were considered true, they would not constitute any criminal offence.

He also requested protection from coercive actions, including arrest, seizure of electronic devices, and scrutiny of financial records.

The controversy stems from a comedy performance in Mumbai, during which Kamra allegedly referred to Shinde as a “gaddar” (traitor). Following the performance, supporters from Shinde’s faction of the Shiv Sena vandalised the studio where the show had been recorded.

Defense Highlights Precedents, Criticizes Double Standards

Kamra’s lawyer, Navroz Seervai, pointed out during arguments that similar comments had been made by several political leaders during the previous election campaigns without facing any legal consequences.

Seervai mentioned that Ajit Pawar, now the Deputy Chief Minister, had made comparable remarks while he was still a part of the undivided Nationalist Congress Party led by Sharad Pawar.

Prosecution Terms Kamra’s Act as Malicious

Opposing Kamra’s plea, public prosecutor Hiten Venegaonkar argued that the stand-up act was not simply humorous political criticism, but amounted to “malicious targeting of an individual” and harmed Shinde’s reputation.

On Kamra’s concerns about his safety, Venegaonkar assured the court that the state would provide him with security if needed. “Let him come forward….we will provide security,” the prosecutor said.

Performance and Aftermath

The incident dates back to last month when Kamra performed at a Mumbai studio, singing a parody of a song from the film Dil To Pagal Hai, inserting the word “gaddar” while narrating Shinde’s political rebellion against former Chief Minister Uddhav Thackeray in 2022.

This rebellion ultimately led to the collapse of the Thackeray-led government and the division of the Shiv Sena party.

After the performance, the studio was vandalised by members of the ruling faction, prompting widespread attention.

Kamra Defends His Right to Satire

Kamra has remained firm on his stance, emphasizing his right to free speech. He stated, “Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system.”

The comedian further said he was willing to cooperate with the authorities but questioned if those responsible for vandalising the studio would face any consequences.

Kamra firmly declared, “I will not apologise. I don’t fear this mob and I will not be hiding under my bed, waiting for this to die down.”

Eknath Shinde Responds

Deputy Chief Minister Eknath Shinde distanced himself from the vandalism but defended the emotions of party workers. He remarked, “every action has a reaction,” and questioned who had assigned Kamra the task of targeting him by asking, “who gave Kunal Kamra ‘supari’?”