Comedian Kunal Kamra’s stand-up show Naya Bharat has sparked a controversy involving alleged remarks about Maharashtra Deputy CM Eknath Shinde and police actions against audience members.
NEW DELHI: Comedian Kunal Kamra’s stand-up show Naya Bharat has stirred controversy over allegedly objectionable remarks made about Maharashtra’s Deputy Chief Minister, Eknath Shinde. The situation escalated when reports emerged that Mumbai Police had allegedly summoned members of the audience for questioning—a move that raised concerns about freedom of expression, privacy, and due process.
What Actually Happened?
Earlier this week, Kamra issued an apology to fans after some news outlets reported that audience members were served notices under Section 160 of the Code of Criminal Procedure (CrPC), which empowers police to summon individuals as witnesses during an investigation. One such report involved a Mumbai-based banker who had to cut short his vacation to comply with the police summons and record his statement.
However, Mumbai Police later clarified that they had not issued any such notices to attendees. Despite this, the initial reports sparked a broader debate on social media and in legal circles about the legality and necessity of such actions—particularly when video evidence of the event is available.
What Does the Law Say?
Under Section 160 CrPC, the police have the legal authority to summon any individual as a witness during an investigation. Advocate K M Sai Apabharana explains that a witness is not accused of any wrongdoing but is expected to assist the investigation by providing factual information.
“Each investigation is unique, and the need to summon witnesses varies accordingly. There is no reason for concern unless someone is being wrongly targeted,”
she says.
Still, Advocate Safiya B argues that in this case, such action was likely unnecessary.
“Given that video recordings of the show are easily accessible, there is no pressing need to summon audience members. Although the police are legally empowered to call in witnesses, the context and severity of this case don’t seem to justify that step,”
she notes.
Is It an Intimidation Tactic?
Legal experts and digital rights advocates caution that even the suggestion of police action against audience members could have a chilling effect on public participation in comedy shows, journalism, or other forms of expression.
“This could discourage people from attending such events out of fear,”
warns data activist Thejesh G N.
“Today it’s a comedy show; tomorrow it could be newspaper readers or donors to independent media. We’ve seen this happen before—like when Razorpay was asked to hand over donor details of those who supported Alt News,”
he adds.
ALSO READ: Traitor Joke On Eknath Shinde: Kunal Kamra Gets 2nd Legal Notice From Mumbai Police
How Was the Audience Traced?
If notices were indeed sent, it raises another question: How did the police obtain attendee data?
According to Thejesh, this points to broader concerns around data privacy and digital surveillance.
“Was the information provided voluntarily by ticketing platforms like BookMyShow or the venue? Or did the police obtain it through a formal court order?”
he asks.
Pranav M Bidare, a researcher at the Centre for Internet and Society, elaborates that the digitisation of payments and event registrations makes tracing individuals easier than ever.
“Even if someone paid in cash, their phone number and name would likely be recorded at the venue. But with digital bookings, personal data is readily accessible,”
he explains.
He stresses, however, that technology isn’t the issue—the real concern is how this data is used.
“Shutting down UPI or digital tools isn’t the solution. With more convenience comes more responsibility. What we need is robust data protection and ethical standards in digital governance.”
ALSO READ: Traitor Remark Case | Kunal Kamra Fails To Appear Mumbai Police Summons for Third Time
While the police may be acting within their legal rights, the broader implications of summoning audience members—especially in a low-severity case—touch on fundamental concerns of freedom of expression, data privacy, and public trust in digital systems. Experts believe this incident underscores the urgent need for clearer guidelines on how personal data is accessed and used in investigations, especially when freedom of speech and public participation are at stake.
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