Bombay HC grants Kunal Kamra protection from arrest in FIR over Eknath Shinde ‘gaddar’ jibe

The Bombay High Court on Friday provided significant relief to comedian Kunal Kamra by granting him protection from arrest in connection with an FIR filed against him for allegedly making derogatory remarks about Maharashtra Deputy Chief Minister Eknath Shinde. The court admitted Kamra's petition seeking to quash the FIR and stated that he should not be arrested during the pendency of the petition. However, the court clarified that the police investigation would continue as per the usual process.

The FIR was filed on March 24 by Shiv Sena MLA Murji Patel, who alleged that Kamra made objectionable comments about Shinde during a stand-up comedy show at a Mumbai venue. The complaint, registered at the Khar police station, accuses Kamra of making remarks that could lead to public mischief and defamation. The FIR references sections of the Indian Penal Code related to statements conducive to public mischief, defamation, and related offenses. The complaint also suggests that Kamra’s comments promoted division between political parties.

Kamra's legal team, represented by senior advocate Navroz Seervai, argued that the FIR was without merit and should be quashed. Seervai contended that the content of Kamra's show, which was a satire, did not meet the threshold of criminal offenses. He further argued that similar comments by politicians in the past had not resulted in legal action, and the FIR appeared to be politically motivated. Kamra also stated that the FIR had a chilling effect on his right to freedom of speech, highlighting the satirical nature of his performance.

The Bombay High Court, while granting protection from arrest, also instructed the police to proceed with their investigation. The court allowed for Kamra's statement to be recorded in Chennai, where he is currently residing, instead of Mumbai, in light of the safety concerns he raised due to receiving multiple death threats. Kamra's legal team had requested that his statement be recorded virtually or in person in Chennai, and the court directed the local police to assist with this process after giving reasonable notice.

The court's ruling emphasizes the balance between maintaining the integrity of the investigation and protecting constitutional rights, particularly the right to free expression. While Kamra’s legal team sought a stay on the investigation, the court made it clear that the investigation could continue, but no coercive action, including arrest, should be taken against him during the pendency of the case.