Kunal Kamra moves Bombay High Court to quash FIR over 'traitor' jibe; plea to be heard tomorrow

Mumbai: Stand-up comedian Kunal Kamra has moved the Bombay High Court, seeking to quash an FIR lodged against him by the city police for allegedly passing a "traitor" jibe at Maharashtra Deputy Chief Minister Eknath Shinde. The continuation of the case would be a frontal attack on a "citizen's constitutional right to freedom of speech and expression," Kamra said in his plea and asked whether a person's right to comment on political developments and actions of leaders could be criminalised in this manner. He said his remarks made regarding the split in the Shiv Sena, Shinde quitting Uddhav Thackeray's Sena faction and being sworn in as the chief minister at the time (in 2022) are all part of records. Kamra also claimed he has been receiving death threats after the show and hence, requested the police to question him via video conference. His counsel Navroz Seervai and advocate Ashwin Thool mentioned the petition before a bench of Justices Sarang Kotwal and S M Modak on Monday, seeking urgent hearing. Seervai informed the bench that Kamra has got interim relief from the Madras High Court till Monday, but despite that the Mumbai police keep issuing him summons to appear before them. The bench said it would hear the plea on Tuesday.

During the show, Kamra had taunted Shinde, without taking his name, using a modified version of a Hindi song from the film "Dil To Pagal Hai" where he called him a "gaddar" (traitor). The comedian went on to joke about how Shinde rebelled against Uddhav Thackeray's leadership (in June 2022). Kamra, in his plea filed on April 5, claimed the complaints against him were violative of his fundamental rights of freedom of speech and expression, right to practice any profession and business and right to life and liberty guaranteed under the Constitution of India. He sought for the FIR to be quashed claiming the allegations, even if taken at face value, do not constitute an offence. The comedian also sought the HC to protect him from any coercive action including arrest, seizure of his personal electronic devices and examination of his financial transactions and accounts. "To permit the investigation to continue would constitute a frontal assault on the freedom of speech and expression. Should a citizen's right to comment on the political developments and actions of political leaders be criminalised in this manner?" the petition said. The plea said the FIR has been registered on a stand-up comedy performance, which provides satirical commentary on various social and political events of the country. There has been a gross abuse of process and the malafide deployment of the criminal justice machinery by a member of the state's legislative assembly, resulting in a patent violation of a citizen's fundamental rights, it claimed. As per the petition, Kamra wrote the script of the show in July 2024 and performed it on 60 occasions between August last year and February 2025. A recording of the show was uploaded only in March 2025, pursuant to which case was lodged, it said. Kamra claimed he has been receiving death threats after the show and hence, requested the police to question him via video conference. "Highly placed political personalities including those holding constitutional positions have spoken rashly and/or sought harsh against the petitioner (Kamra)," the plea said.

Kamra last month got interim transit anticipatory bail from the Madras High Court in the case against him. He is a permanent resident of Tamil Nadu. The hearing of the petition in Madras HC is expected on Monday. The comedian has failed to appear before the Mumbai police for questioning despite three summons issued to him. Following a complaint by Shiv Sena MLA Murji Patel, the Khar police in Mumbai registered the FIR against Kamra under Bharatiya Nyaya Sanhita sections 353(1)(b) (statements conducing to public mischief) and 356(2) (defamation). Three FIRs registered against the comedian at Nashik Rural, Jalgaon and Nashik (Nandgaon) have also been transferred to the Khar police.