On Wednesday, the Bombay High Court confirmed that the Maharashtra government has taken no vindictive measures against individuals for sharing or re-uploading a video by comedian Kunal Kamra, which included indirect remarks towards Deputy Chief Minister Eknath Shinde. The video referred to Shinde with a “traitor” jibe.
The bench, comprising Chief Justice Alok Aradhe and Justice M S Karnik, declined to proceed with a public interest litigation (PIL) initiated by Harshwardhan Khandekar, a 25-year-old law student. The PIL questioned the legal actions against Kamra and the Mumbai hotel where his controversial show was recorded.
Chief Justice Aradhe emphasized that Kamra, who has already petitioned the High Court to nullify the FIR filed against him, is capable of representing himself. “The person aggrieved is before this court. He is not poor or illiterate. Why are you (present PIL petitioner) fighting his cause? He has taken action for relief,” the court noted.
Khandekar argued in his PIL that the filing of FIRs against a comedian for expressing political views breached the fundamental rights protected by the Constitution. Amit Katarnwaware, Khandekar’s lawyer, reported that various politicians from a party allied with the state’s ruling coalition have threatened repercussions for those distributing Kamra’s contentious video.
