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The Bombay High Court has issued notices to the Mumbai Police and Shiv Sena MLA Murji Patel in connection with a petition filed by stand-up comedian Kunal Kamra seeking the quashing of an FIR registered against him for allegedly defaming Maharashtra Deputy Chief Minister Eknath Shinde during a comedy show held in February.
The FIR, based on a complaint by MLA Murji Patel, accuses Kamra of using the term “traitor” while referring to Shinde in his performance. The High Court has now directed both Patel and the Mumbai Police to respond to Kamra’s plea and scheduled the next hearing for April 16.
“A satirical context”
Kamra, in his petition, argues that the FIR is a violation of his fundamental right to freedom of speech and expression. He maintains that his remarks were made in a satirical context during a comedy act and should not attract criminal charges.
The comedian has also requested the court to restrain police from taking any coercive action, including arrest and seizure of his electronic devices. Kamra currently resides in Tamil Nadu and has not appeared in person for questioning, citing death threats as a reason for non-compliance with three police summons.
His legal team has further urged the court to permit him to record his statement via video conferencing, pointing out that a video of the performance is already available to investigators and his physical presence is not necessary.
The case has triggered three more FIRs in Nashik Rural, Jalgaon, and Nandgaon (Nashik), all of which have been transferred to the Khar Police for investigation.
Meanwhile, the Madras High Court has extended Kamra’s interim protection from arrest until April 17, taking into account the threats to his safety.
The Bombay High Court has assured that it will address the request for video conferencing in the upcoming hearing on April 16. Until then, Kamra remains protected from arrest.
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