The Bombay High Court on Wednesday reserved its decision on the petition filed by comedian Kunal Kamra seeking to quash an FIR against him for allegedly defamatory comments directed at Maharashtra Deputy Chief Minister Eknath Shinde. The court also extended Kamra’s temporary protection from arrest pending the final judgment.
The FIR was lodged at Khar police station in Mumbai, accusing Kamra of derogatorily labeling Shinde as “gaddar” (traitor) during a comedic performance. This incident led to an uproar, including vandalism at the studio by Shiv Sena members where the act was recorded.
Kamra’s legal representative, Navroz Seervai, argued that similar accusations had been made by political leaders against Shinde during the 2024 Maharashtra assembly elections, yet no legal actions were taken against them. Seervai highlighted the intense political scrutiny Shinde faced, which was echoed in opposition campaigns and publications without resulting in any legal repercussions.
During the performance, Kamra sang a parody song from “Dil To Pagal Hai,” using the contentious term and discussing Shinde’s 2022 split from Uddhav Thackeray and Shiv Sena. The lawyer emphasized that such political commentary, albeit sharp, should not be conflated with personal attacks warranting legal action.
Opposing the plea, Public Prosecutor Hiten Venegaonkar argued that Kamra’s act transcended mere political satire, veering into personal attacks that could tarnish Shinde’s public image. Venegaonkar dismissed the humor in Kamra’s performance, categorizing it as a targeted attack rather than political critique.
The court’s inquiry into why police sought to record Kamra’s statement was met with the prosecution’s explanation of gathering necessary evidence for the FIR’s allegations. Addressing concerns over Kamra’s safety upon visiting Mumbai, Venegaonkar assured that the state would provide necessary security measures.
The bench, comprising Justices S Kotwal and S Modak, did not specify a date for the final judgment but ensured that Kamra would not face arrest until the order is issued.
