Bombay HC Grants Protection from Arrest to Kamra

In a significant relief for stand-up comedian Kunal Kamra, the Bombay High Court on Friday granted him protection from arrest in connection with an FIR filed over his satirical remarks targeting Maharashtra Deputy Chief Minister Eknath Shinde.

A division bench of Justices Sarang Kotwal and SM Modak admitted Kamra’s plea seeking the quashing of the FIR registered at Mumbai’s Khar police station. While the investigation has been allowed to continue, the court ordered that no coercive action, including arrest, be taken against the comedian during the pendency of the petition.

Kamra, 36, had approached the court fearing arrest over his controversial “gaddar” (traitor) jibe aimed at Shinde during a performance of his stand-up special Naya Bharat. In his act, Kamra performed a parody of a song from Dil To Pagal Hai, allegedly mocking Shinde and referring to his 2022 political defection from the Uddhav Thackeray-led Shiv Sena to align with the BJP—a move that triggered a major political upheaval in Maharashtra.

The FIR, lodged on the complaint of Shiv Sena (Shinde faction) MLA Muraji Patel, accused Kamra of defaming the Deputy CM and inciting outrage among party supporters. Following the video’s circulation, Shinde supporters also vandalized the studio where the show was recorded.

In his plea, Kamra argued that the allegations do not constitute any cognizable offence and asserted that he was exercising his right to free speech through satire. He also cited death threats and expressed apprehension about returning to Maharashtra, noting that he currently resides in Chennai, Tamil Nadu.

The court permitted the Mumbai Police to continue with their investigation and to question Kamra in Chennai with the assistance of local authorities. It further stated that if a chargesheet is filed, the trial court must not proceed with the matter until the High Court rules on Kamra’s quashing petition.

Kamra had earlier been granted interim anticipatory bail by the Madras High Court and was given interim protection from arrest by the Bombay High Court on April 16. That interim relief has now been regularised.

This ruling comes as a boost for Kamra and is being viewed as a notable judicial stance in favour of artistic freedom and the constitutional right to free expression, amid rising tensions between political commentary and criminal complaints.

(with inputs from IANS)

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