Today, On 9th April, In the “traitor” remark case, the Bombay High Court clarified that the Maharashtra government has not taken any vindictive action against individuals for re-sharing or re-uploading comedian Kunal Kamra’s video. The statement came during a hearing on related petitions. The court emphasized the importance of protecting free speech. It also noted that no coercive steps have been initiated so far.
Mumbai: The Bombay High Court stated on Wednesday that the Maharashtra government has not taken any vindictive actions against individuals for re-sharing or re-uploading stand-up comedian Kunal Kamra’s video, in which he indirectly referred to Deputy Chief Minister Eknath Shinde as a “traitor.”
A bench comprising Chief Justice Alok Aradhe and Justice M.S. Karnik made this remark while dismissing a public interest litigation (PIL) filed by a 25-year-old law student questioning the government’s response to Kamra and the Mumbai hotel where the controversial comedy show was filmed.
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The court highlighted that Kamra, the individual affected by the situation, has already filed a petition in the High Court seeking to quash the FIR lodged against him at a Mumbai police station due to his critical remarks about Shinde, who leads the ruling Shiv Sena.
The HC remarked,
“The person aggrieved is before this court. He is not poor or illiterate. Why are you (present PIL petitioner) fighting his cause? He has taken action for relief,”
The PIL, submitted by law student Harshwardhan Khandekar, argued that filing FIRs against a comedian for expressing political views violates fundamental rights protected by the Constitution.
His lawyer, Amit Katarnwaware, pointed out that several politicians from a party allied with the ruling coalition have threatened action against anyone who shares or uploads Kamra’s video.
Public prosecutor Hiten Venegaonkar informed the bench that the government has not acted against anyone for sharing or uploading the video.
The court acknowledged this and noted that there have been no instances of “vindictive” actions by state authorities regarding those who shared Kamra’s video, which he himself had uploaded last month.
The bench stated,
“It is also pertinent to note that the aggrieved person (Kamra) has already approached this court seeking to quash the FIR. He has also got interim protection from arrest from the Madras HC,”
Regarding the vandalism of the studio where the stand-up show was filmed, an FIR has been registered, and those responsible have been arrested.
The court concluded,
“In view of this, we are not inclined to entertain this PIL at this stage and hence the same is disposed of,”
Late last month, 12 Shiv Sena workers were arrested for vandalizing the Mumbai studio where Kamra’s comedy was recorded, though they were later granted bail by a city court. During the show, Kamra mocked Shinde without naming him using a modified version of a popular Hindi song from the 1997 film “Dil To Pagal Hai,” referring to him as a “gaddar” (traitor).
He alluded to Shinde’s past in Thane before entering politics and made comments about his rebellion against former Chief Minister Uddhav Thackeray in June 2022.
Kamra’s petition to quash the FIR is scheduled for a hearing on April 16.
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