Guwahati: The Bombay High Court on Thursday directed the Mumbai Police not to arrest stand-up comedian Kunal Kamra in connection with a First Information Report (FIR) filed against him over a satirical video and a “gaddar” remark allegedly aimed at Maharashtra Deputy Chief Minister Eknath Shinde.
According to LiveLaw, a division bench of Justices Sarang Kotwal and Shriram Modak issued the directive, while also stating that if the Mumbai Police wishes to record Kamra’s statement, they must travel to Chennai, which is near his place of residence in Villupuram, Tamil Nadu, and may seek assistance from the local police.
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The court further clarified that if the authorities file a chargesheet while the petition is pending, the trial court must refrain from taking cognizance of it until further notice. The High Court is yet to issue a detailed order.
Notably, the bench had earlier reserved its judgment on April 16 and granted interim protection from arrest to Kamra at that time. The court noted that the police had issued a summons under Section 35(3) of the BNSS, which they use in cases where they do not deem arrest necessary.
Senior Advocate Navroz Seervai, appearing for Kamra, argued that the comedy video falls squarely under the freedom of speech protected by Article 19(1)(a) of the Indian Constitution.
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He asserted that the FIR against Kamra reflects a broader attempt by the State, allegedly influenced by a political party, to target an artist for his satirical content.
Seervai also cited the recent Supreme Court judgment in Imran Pratapgadhi vs State of Gujarat, where the apex court reaffirmed the importance of protecting free speech and reminded both courts and law enforcement of their duty to uphold the rights of individuals expressing unpopular opinions.
In his submissions, Seervai had also cited that Kamra received several death threats from Shiv Sena workers, and despite the threats, the police demanded his client’s personal presence for the investigation.
Further, Seervai had maintained that the contents of comedy video did not intend to cause fear or alarm to the public to commit an offence against the State or against the public tranquility. The counsel argued that viewers cannot take the satire video seriously or at face value, and that Kamra expressed his personal views on the Shiv Sena split, which they described as a factual matter.
Subsequently, Chief Public Prosecutor Hiten Venegaonkar had argued that the contents of the comedy show were not a political satire but ‘malicious targeting’ and thus Article 19 of the Constitution does not come into play when a cognizable offence is made out. The PP maintained that Kamra was targeting one individual and thus it did not fall within the tenor of humorous criticism.
In his submissions, Venegaonkar had argued that under the guise of Article 19, one cannot target an individual and lower his dignity and that Kamra’s comedy lowered Shinde’s dignity. He argued “Petitioner can’t say that I have dignity and rights and reputation but public figure has no rights and then you start maliciously targeting the individual.
It may be noted that the court had earlier granted interim anticipatory bail to Kamra, who currently resides in Tamil Nadu, in connection with the FIR filed by the Mumbai Police. The court initially extended the interim protection up to April 17.
Shiv Sena MLA Muraji Patel lodged a Zero FIR against Kamra under Sections 353(1)(b), 353(2) [Public Mischief], and 356(2) [Defamation] of the BNS. Authorities later transferred the FIR to the Khar Police Station in Mumbai.
Though Kamra had not directly taken the Deputy Chief Minister Eknath Shinde’s name, the party workers alleged that he had called Shinde a traitor while referencing his split from the Shiv Sena. Offended by Kamra’s remarks, a group of Shiv Sena workers had also vandalised Mumbai’s Habitat studio, where the comedian had performed the show.