The petition was submitted through advocate Meenaz Kakalia, and it is expected to be heard on April 21 by a bench led by Justice Sarang Kotwal.
Mumbai – Popular stand-up comedian Kunal Kamra moves to the Bombay High Court to request that an FIR (First Information Report) against him be cancelled.
Advocate Navroz Seervai, appearing for Kunal Kamra, mentioned the matter before a bench of Justices Sarang Kotwal and S.M. Modak on Monday, requesting an urgent hearing.
Seervai informed the Court that although Kamra has been granted interim protection by the Madras High Court until Monday, the Mumbai Police continue to issue summons to him, asking him to appear before them.
Taking note of the submission, the bench said it would take up the plea for hearing on Tuesday (8th April).
The FIR was filed by Mumbai Police after Kamra allegedly called Maharashtra Deputy Chief Minister Eknath Shinde a “traitor” during a comedy show.
ALSO READ: Kunal Kamra ‘Naya Bharat’ Row Explained: Can Police Legally Summon Show Attendees?
Kamra filed his plea in the high court on April 5, saying the case filed against him is unfair and violates his fundamental rights under the Constitution of India.
These rights include his freedom of speech and expression, the right to practice any profession or business, and the right to life and liberty.
The petition was submitted through advocate Meenaz Kakalia, and it is expected to be heard on April 21 by a bench led by Justice Sarang Kotwal.
The controversy began when Kamra, during one of his live shows, joked about Mr. Shinde’s political actions without directly naming him. He used a modified version of a Hindi song from the movie Dil To Pagal Hai to indirectly call him a “gaddar” (traitor).
ALSO READ: Traitor Remark Case | Kunal Kamra Fails To Appear Mumbai Police Summons for Third Time
He made fun of how Mr. Shinde left Uddhav Thackeray’s side and joined the rival camp, leading to a major political shift in Maharashtra.
Because of these remarks, Shiv Sena MLA Murji Patel filed a complaint. Mumbai Police then registered an FIR against Kamra under two sections of the new Bharatiya Nyaya Sanhita (BNS):
- Section 353(1)(b) – For making “statements conducing to public mischief”
- Section 356(2) – For “defamation”
Kamra has argued in court that the FIR is illegal and an attack on his constitutional rights. He believes the case goes against his freedom as a comedian and citizen.
His plea mentions that the case violates his:
- “fundamental rights of freedom of speech and expression”
- “right to practice any profession and business”
- “right to life and liberty guaranteed under the Constitution of India”
ALSO READ: Traitor Joke On Eknath Shinde: Kunal Kamra Gets 2nd Legal Notice From Mumbai Police
Last month, Kamra was given interim transit anticipatory bail by the Madras High Court, as he is a permanent resident of Tamil Nadu. This means he cannot be arrested immediately, and he has some protection while the case is ongoing.
Despite receiving three summons, Kamra has not appeared before the Mumbai Police for questioning.
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.
