Bombay HC grants Kunal Kamra protection till April 17, seeks govt reply

Bombay High Court has granted comedian Kunal Kamra protection till April 17. The next hearing will take place on April 16

The Bombay High Court on Tuesday granted comedian Kunal Kamra protection from arrest until April 17 and issued notices to the respondents in connection with an FIR filed against him by the Shiv Sena.

 

Kamra has challenged the FIR, arguing that it violates his fundamental rights under Articles 19 and 21 of the Constitution, which guarantee freedom of expression and the right to life, according to a report by LiveLaw.

 

Kamra says FIR challenges his fundamental rights

Kamra's petition, filed on April 5, contends that his satirical performance in his show 'Naya Bharat' constitutes protected speech and should not be subjected to criminal prosecution. His legal team, led by senior advocate Navroz Seervai, argued that the FIR is an infringement on his constitutional rights.

 

The case was heard by a division bench comprising Justice Sarang Kotwal and Justice Shriram Modak. During the hearing, the court inquired about the interim protection granted to Kamra by the Madras High Court. Seervai responded that the Madras High Court had extended his interim protection until April 17 but had not yet uploaded the order.

 

“We are primarily concerned with the quashing of the FIR,” Seervai submitted. “My client has, in writing, offered to provide his statement virtually multiple times. However, the authorities insist on his physical presence, despite the death threats he has received.” He further argued, “This is not a murder case or a serious offence; it is a comedy show, and the video is already available with the authorities.”

 

Protection order and next hearing

The court scheduled the next hearing for April 16 and directed the Additional Public Prosecutor Mankunwar Deshmukh, representing the state, to obtain instructions on the matter. When Deshmukh requested a later date of April 22, the bench refused, stating, “He is protected until April 17, not beyond that. So we will hear it on April 16 at 2:30 pm. We are issuing a formal notice to both R1 and R2 (complainant).”

 

Regarding the insistence on Kamra’s physical presence, the bench stated that it would address the issue at the next hearing.

 

Kamra, who currently resides in Tamil Nadu, was previously granted interim anticipatory bail in connection with the Mumbai police FIR. The Madras High Court on Monday extended Kamra's interim protection from arrest until April 17.

 

Kunal Kamra vs Shiv Sena comedy row

The controversy erupted when Kamra, 36, made jokes on many senior politicians in his comedy special, 'Naya Bharat.' In a video of his stand-up performance, Kamra made a "traitor" remark which led to outcry from Shiv Sena (Eknath Shinde faction).

 

Although Kamra did not directly name Maharashtra’s Deputy Chief Minister Eknath Shinde, Shiv Sena members allege that he implied Shinde was a “traitor” while referencing his split from the party.

 

Following Kamra’s remarks, a group of Shiv Sena workers vandalised Mumbai’s Habitat Studio, where the video was shot. Twelve individuals were arrested in connection with the violence but were later released on bail. Kamra has since claimed that he has been receiving death threats as a result of the controversy.

 

A Zero FIR was lodged against Kamra by Shiv Sena MLA Muraji Patel under Sections 353(1)(b), 353(2) (public mischief), and 356(2) (defamation) of the Bharatiya Nyaya Sanhita (BNS). The FIR was subsequently transferred to Khar police station in Mumbai.