Bombay HC protects Kunal Kamra from arrest but allows probe to proceed; questioning only in Chennai

Mumbai: The Bombay High Court on Friday said the police investigation against Kunal Kamra over his remarks against Maharashtra Deputy Chief Minister Eknath Shinde can continue, but the comedian shall not be arrested. A bench of Justices Sarang Kotwal and S M Modak admitted Kamra's petition seeking the quashing of the first information report (FIR) registered at the Khar police station for his alleged "traitor" jibe at Shinde during a stand-up comedy show.

This means Kamra's petition will be heard at length later. By way of interim relief, the bench said the comedian shall not be arrested during the pendency of the petition. "Investigation can continue. The petitioner (Kamra) shall not be arrested during the pendency of the petition," the court said. It said that if the police wanted to record Kamra's statement, they shall do so in Chennai, where he currently resides, after giving him prior notice. Kamra, in his plea, had stated that he was a resident of Tamil Nadu and was apprehensive about coming to Maharashtra due to the death threats he had been receiving after the show. "If during the pendency of the petition, a chargesheet is filed in the case by the police, the concerned court shall not proceed with the same," the court ordered. The court had last week, while reserving its order on the plea, granted the comedian interim protection from arrest.

Kamra has sought the quashing of an FIR registered against him for allegedly making defamatory remarks against Shinde. The comedian, in the petition, stated that the allegations, even if taken at face value, do not constitute an offence. He also sought the HC to protect him from any coercive action, including arrest, seizure of his electronic devices and examination of his financial transactions and accounts. Kamra had submitted to the court that he had agreed to appear via video-conferencing before the Mumbai police for questioning in the case. He had said he was facing death threats ever since the FIR was registered. An FIR was registered at Khar police station here against the stand-up comedian for allegedly calling Shinde "gaddar" (traitor) during a show in the metropolis. Workers of Shinde's party, Shiv Sena, also vandalised the studio where the show had been recorded. During the show, Kamra sang a parody version of a song from the film "Dil To Pagal Hai", in which he used the word "gaddar". He then joked about how Shinde rebelled against Uddhav Thackeray and split the Shiv Sena in 2022.