The Madras High Court on Friday granted interim anticipatory bail to stand-up comedian Kunal Kamra till April 7 in connection with an FIR lodged against him in Mumbai over his alleged remarks against Maharashtra Deputy Chief Minister Eknath Shinde.
Despite the case being registered at Khar police station in Mumbai, Kamra, a resident of Tamil Nadu, approached the Madras High Court seeking protection, Live Law reported. His counsel, V Suresh, pressed for urgent relief, citing multiple death threats the comedian had received following the release of his latest stand-up video, Naya Bharat.
Justice Sunder Mohan observed that he was “prima facie satisfied that Kamra is unable to approach the courts in Maharashtra for protection.” The court, therefore, granted him interim anticipatory bail, as per Live Law’s report.
Kamra had filed a plea seeking transit anticipatory bail in connection with the FIR, arguing that the Madras High Court had jurisdiction over the matter as he is a permanent resident of Villupuram town in Tamil Nadu. The plea was taken up after an urgent mention in the morning, the report stated.
“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 Court stated, as per Bar and Bench.
Kamra’s counsel contended that satire is protected as part of free speech and that the comedian had not named an individual in his show. The advocate also pointed to open threats of physical harm issued by Shiv Sena party workers and followers of Deputy CM Eknath Shinde.
Kamra’s counsel also argued that the standup comedian did not specifically name anyone in his show.
Further, he highlighted the Supreme Court judgment in Imran Pratapgarhi’s case, in which the top court said that satire and parody are part of free speech.
“No one has been named, he (Kamra) has talked about many persons. Parody is part of satire … Supreme Court has said satire, parody is part of accepted speech,” he submitted, as quoted by Bar and Bench.
The lawyer further stressed that ruling party members and even a Maharashtra minister have threatened 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,” the Bar and Bench reported the counsel as stating.
It was further argued that the comedian has always maintained that he believes in the Constitution. His lawyer urged the High Court to grant Kamra interim protection until he may approach courts in Maharashtra for relief. “I have always said I believe in the Constitution … He really requires protection of this court,” the counsel argued.
FIR Against Kunal Kamra
The FIR was initially registered as a Zero FIR under Sections 353(1)(b), 353(2) [public mischief], and 356(2) [defamation] of the Bharatiya Nyaya Sanhita (BNS) based on a complaint by Shiv Sena MLA Muraji Patel. It was later transferred to Khar police station in Mumbai.
Though Kamra did not explicitly name Eknath Shinde, Shiv Sena workers alleged that he had called the Deputy Chief Minister a “traitor” while referring to Shinde’s split from the Shiv Sena.
Following Kamra’s remarks, a group of Shiv Sena workers vandalised Mumbai’s Habitat Studio, where he had performed the show. Twelve people were arrested in connection with the violence and were later granted bail.
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