Comedian Kunal Kamra Today (Mar 28) received interim bail till April 7 from the Madras High Court after facing threats over remarks on Eknath Shinde. The Court noted he couldn’t safely seek protection in Maharashtra.
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Tamil Nadu: The Madras High Court gave temporary anticipatory bail to popular stand-up comedian Kunal Kamra until April 7, in a legal case filed against him in Mumbai. This case is related to the remarks he made about Maharashtra Deputy Chief Minister Eknath Shinde during a comedy show.
Justice Sunder Mohan gave this interim relief to Kamra because the Court noted that Kamra was unable to safely go to courts in Maharashtra due to physical threats from political party workers. Kamra had told the court that these threats made it dangerous for him to seek legal protection in that state.
“Petitioner (Kunal Kamra) has prima facie satisfied this court that he is unable to approach courts in Maharashtra for protection. Petitioner has produced newspaper reports (of threats being issued to him),”
the judge said while granting interim anticipatory bail.
Kamra’s lawyer argued that satire is a part of free speech and that the comedian had not taken anyone’s name directly in his performance. The lawyer also told the court that Kamra is facing open threats from people linked to Shiv Sena and from supporters of Deputy CM Eknath Shinde.
In his show, Kamra had called Eknath Shinde a “traitor”. He was referring to Shinde’s political move, where he left Uddhav Thackeray’s Shiv Sena and joined hands with the Bharatiya Janata Party (BJP). This move caused a big split in the Shiv Sena, after which the Shinde faction formed a new government in Maharashtra along with the BJP.
Following the performance, Kamra was charged under Sections 353(1)(b), 353(2) (public mischief) and 356(2) (defamation). The complaint was filed by Shiv Sena MLA Muraji Patel, and the FIR was registered in Mumbai.
Although the case is filed in Mumbai, Kamra lives in Villuparam, Tamil Nadu. So, he approached the Madras High Court to get transit anticipatory bail. This type of bail is requested in one state when a person is afraid of being arrested in another state.
During the court hearing, Kamra’s lawyer again stressed that Kamra did not name anyone in his show. He pointed out a Supreme Court judgment in the Imran Pratapgarhi case, where it was clearly said that satire and parody come under the freedom of speech.
“No one has been named, he (Kamra) has talked about many. Parody is part of satire.. Supreme Court has said satire, parody is part of accepted speech,”
the lawyer submitted.
The lawyer also informed the court that even ministers from the ruling party and more than 500 supporters had issued threats to Kamra.
“Real threats are being given.. Ruling Party Ministers are on record. More than 500 people…They say they will ‘teach them in Shiv Sena style’. What is ‘Shiv Sena style’ is common knowledge. The people who vandalised the hotel – no serious action taken, they are let out on bail. This is the type of threat I am facing,”
he argued.
Kamra also emphasized that he has always respected the Indian Constitution, and now he needs the protection of the court.
“I have always said I believe in the Constitution. He really requires protection of this court,”
his lawyer submitted.
The Madras High Court accepted these arguments and gave Kamra interim anticipatory bail until April 7, giving him temporary legal protection against arrest, and time to approach the proper courts in Maharashtra if needed.
BACKGROUND
MAHARASHTRA: Mumbai Police sent a second legal notice yesterday to well-known stand-up comedian Kunal Kamra. This is related to a case filed against him in Mumbai for allegedly making disrespectful and offensive comments about Maharashtra Deputy Chief Minister Eknath Shinde.
According to the information received, this second summon was sent to Kamra on Wednesday, just a day after the first summon was issued. The case has been registered at Khar Police Station. This complaint was officially filed by Shiv Sena MLA Murji Patel. In the notice, Kamra has been asked to personally come and meet the investigating officer handling the case.
The first summon was already issued on Tuesday, and it asked Kamra to come to the Mumbai police station for questioning regarding the defamation case.
Meanwhile, the issue has taken a political turn, as opposition leaders are now attacking the ruling BJP party over how this case is being handled. Senior leader Ambadas Danve from the Shiv Sena (Uddhav Balasaheb Thackeray faction) has criticised BJP for showing double standards.
He said-
“Kunal Kamra directly criticised prime minister Modi in his show, and the BJP took no offence. But the same party was outraged over a parody song that did not even name Shinde. It appears the BJP is using Shinde as a front to target Kamra.”
Danve questioned why BJP didn’t react when Kamra had directly taken on Prime Minister Narendra Modi earlier, but now the party is showing such strong objection to a parody song that doesn’t even mention Eknath Shinde by name. He hinted that the BJP might be using Eknath Shinde’s name just to go after the comedian.
At the same time, Kunal Kamra himself has now spoken out, and he has strongly criticised the famous Bollywood music company T-Series. Kamra said that T-Series flagged his latest comedy special titled ‘Naya Bharat’ on YouTube, claiming it was a copyright violation.
Kamra reacted strongly by sharing a screenshot of his video being taken down and accused the company of working against freedom of expression.
He said, “being a stooge”, and defended his work by saying that comedy and parody are part of fair legal use under copyright law.
This controversy is getting bigger day by day, and now it is not just a legal issue, but also becoming a political and free speech matter. Many people on social media have also started discussing whether artistic expression, especially comedy and satire, should be protected under freedom of speech or not.
EARLIER SUMMON
Mumbai Police on Mar 25 sent a notice to stand-up comedian Kunal Kamra and asked him to come and give his statement in a case that was filed against him. This case is related to a joke he made about Maharashtra’s Deputy Chief Minister, Eknath Shinde, which many people found controversial.
As per police sources, the Khar police station team went to Kamra’s house in Mumbai, where his parents live, to give him the summons. But Kamra is not in Mumbai right now. So, police have also sent the notice to him through WhatsApp.
At the same time, Shiv Sena leader Mangesh Kudalkar has also filed a complaint at Kurla Nehrunagar police station against Kamra. He has asked the police to register a case immediately.
Kunal Kamra is currently in Puducherry. He has informed the police that he is ready to fully cooperate with them in this matter. Earlier, a Zero FIR was also filed against Kamra by the MIDC police for making a joke that some people thought was offensive during one of his comedy shows.
On the other hand, the Khar police have also taken action against Yuva Sena general secretary Rahool Kanal. He has been booked under different sections of the Bharatiya Nyaya Sanhita (BNS) and Maharashtra Police Act for damaging property.
Deputy Commissioner of Police, Zone 9, Dixit Gedam said that two cases have been registered at Khar police station. One case is against Kunal Kamra for making insulting comments, and the second case is against the people who damaged the Unicontinental Hotel. This hotel is where Kamra’s show was being shot. The police also said that the investigation is still going on.
Meanwhile, Shiv Sena is demanding that Kamra should say sorry without any conditions. At the same time, the opposition is criticizing the government for acting too fast in filing a case against Kamra but not taking action against those who showed disrespect towards Chhatrapati Shivaji Maharaj.
However, Kunal Kamra has made it clear that he will not apologise. Late on Monday night, he posted a message saying,
“I don’t fear this mob and I will not be hiding under my bed, waiting for this to die down.”
He also wrote on social media platform X,
“I will not apologise. What I said is exactly what Mr Ajit Pawar (first DCM) said about Mr Eknath Shinde (second DCM). To the political elders threatening to teach me lesson, Our right to freedom of speech and expression is not only used routinely to fawn over the powerful and rich even though today’s media would have us believe otherwise. Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system.”
He further added,
“However, I am willing to cooperate with the police and courts for any lawful action taken against me. But will the law be fairly and equally deployed against those who have decided that vandalism is the appropriate response to being offended by a joke? And against the unelected members of the BMC, who have arrived today at Habitat without prior notice and tore the place down with hammers? Perhaps for my next venue, I will opt for Elphinstone bridge, or any other structure in Mumbai that’s in need of speedy demolition.”
In another strong message, Kamra addressed the group who attacked the venue of his show. He said,
“To the mob that decided that Habitat should not stand. An entertainment venue is merely a platform. A space for all sorts of shows. Habitat (or any other venue) is not responsible for my comedy, nor does it have any power or control over what I say or do. Neither does any political party. Attacking a venue for a comedian’s words is senseless as overturning a lorry carrying tomatoes because you did not like the butter chicken you were served.”
This entire situation has now become a hot topic in Maharashtra politics. On one side, the ruling party and its supporters are demanding action against Kamra for insulting their leader. On the other hand, many people are standing with Kamra, saying that freedom of speech should be protected and comedy should not be treated like a crime.
Kamra’s bold refusal to apologise and his firm stand on freedom of speech have triggered mixed reactions across political and public platforms. While the legal investigation is still in process, many are keeping an eye on how fairly the law will treat both the comedian and the vandals.
This case has now raised bigger questions-
- Is it okay to joke about political leaders in a democracy?
- Should comedians be afraid of mobs and legal notices?
- Or should we all be able to laugh at ourselves, including the powerful?
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