1 week Ago
The Bombay high court on Tuesday directed the Maharashtra government, which controls the Mumbai police, to respond to the petition filed by stand-up comedian Kunal Kamra seeking to quash the FIR registered against him for allegedly defaming Maharashtra deputy chief minister Eknath Shinde during a show in February. Issuing a notice to the respondents—the state government and the complainant, Shiv Sena MLA Murji Patel—a division bench of justices Sarang Kotwal and SM Modak scheduled the petition’s hearing for April 16, a day before Kamra’s interim anticipatory bail granted by the Madras high court ends. The 36-year-old comedian is based in Tamil Nadu.
On Tuesday, when Kamra’s petition came up for hearing, additional public prosecutor Mankunwar Deshmukh requested time (how much?) to file the state government’s reply. Also Read | BookMyShow releases statement after Kunal Kamra asks ticketing platform not to ‘delist’ him: ‘Facts been misrepresented’ While senior advocate Navroj Seervai, representing Kamra, had no concerns with the government being given a few days to reply, considering the interim protection from arrest was extended until April 17, he highlighted that his client had offered to state the Mumbai police through videoconferencing after receiving death threats. However, the police are insisting on his physical presence in Mumbai, he added.
“It does seem the authorities are not keen on recording the statement; they keep insisting on his physical presence over here,” Seervai told the court. “This is not some murder case; it’s a comedy show. I request that his physical presence may not be insisted.
” Kamra’s petition, filed on April 5, challenged the “legality and propriety” of the FIR registered at the Khar police station based on Patel’s complaint. Also Read | Kunal Kamra jibe case: Bombay HC issues notice to Mumbai police, Shiv Sena MLA Calling the FIR “mala fide”, the petition stated that the police registered the FIR with alarming alacrity within 70 minutes of receiving Patel’s complaint. It added that the police completely disregarded the procedure of conducting a preliminary inquiry before registering an FIR.
According to the petition, Kamra uploaded a video of his stand-up special called Naya Bharat, recorded on February 2 at The Habitat studio in Khar, on YouTube on March 23. That same day, at 10.45 pm, Patel registered a complaint at the Khar police station against Kamra for allegedly embittering two rival political parties, which resulted in spreading hatred among them, and defaming Shiv Sena chief Eknath Shinde.
Kamra’s video included a parody song referring to a “gaddar” (traitor) in Maharashtra politics without naming anyone. Shiv Sena workers believe it targeted Shinde, whose 2022 rebellion against then-chief minister Uddhav Thackeray led to a split in the party and the collapse of the latter’s government. Several Shiv Sena workers vandalised The Habitat studio and also threatened to beat him up if he was spotted in Mumbai.
“Since the release of the video, a large number of MLAs and other politicians belonging to the Shiv Sena have issued death threats to Kamra and circulated videos threatening to seriously harm him”, Kamra’s petition stated. “Despite the real threat to the petitioner’s life and limb, the police have refused to permit him to appear over videoconference for questioning and have unreasonably demanded that he be physically present”, it added. Kamra claims to have received more than 500 emails and voice messages threatening him with death and dire consequences.
The petition further stated that the police summoned Kamra’s team members and people from the audience who attended his show in February. Calling the proceedings malicious and politically motivated by the members of the Shiv Sena, Kamra alleged that the police are “proceeding mechanically for reasons best known to them”. Also Read | Kunal Kamra moves Bombay HC for cancellation of FIR over Eknath Shinde joke row The registration of the FIR and the ensuing investigation have had a profound and chilling effect on all political speech in the country, the petition said.
Citizens are presented with the possibility of weaponising the criminal justice system in response to all commentary and criticism against political leaders and those in positions of authority, it added. The comedian has urged the high court to provide him protection from any coercive measures, including arrest, seizure of his personal electronic devices, and examination of his financial transactions and accounts..
