In a significant legal development, the Madras High Court granted interim anticipatory bail to stand-up comedian Kunal Kamra on Friday, allowing him protection until April 7. This decision comes in light of a criminal case registered against Kamra in Mumbai, where he is accused of making remarks deemed insulting towards Maharashtra Deputy Chief Minister Eknath Shinde.
Justice Sunder Mohan issued the bail after considering Kamra’s inability to safely approach courts in Maharashtra due to alleged threats of physical violence by political party workers. The court noted, “The petitioner has prima facie satisfied this court that he is unable to approach courts in Maharashtra for protection. He has produced newspaper reports substantiating the threats.”
The case revolves around a parody song performed by Kamra during a stand-up show, in which he used the term ‘gaddar’ (traitor), ostensibly referring to Deputy CM Shinde’s political actions. Shinde is known for his controversial move to leave the Shiv Sena party led by Uddhav Thackeray and form a new coalition with the Bharatiya Janata Party (BJP), leading to a significant political realignment in the state.
Kamra’s counsel defended the comedian’s act as a form of satire, which is protected under the right to free speech, emphasizing that no specific individual was named during the performance. The defense also cited threats from followers and workers of the Shiv Sena party and pointed to a Supreme Court judgment that recognized satire and parody as integral elements of free expression.
The FIR lodged against Kamra included charges under Sections related to public mischief and defamation, initiated by a Shiv Sena legislator. Facing serious threats, Kamra sought transit anticipatory bail from the Madras High Court, which pertains to obtaining bail in one’s home state when facing charges in another.
During the hearing, Kamra’s legal team argued about the real and present threats to his safety, highlighting comments from ruling party ministers threatening to handle the matter in ‘Shiv Sena style’, a reference to the party’s historically aggressive tactics.
Kamra’s legal representatives stressed his commitment to the Constitution of India and urged the court to provide him with interim protection until he can secure relief from the courts in Maharashtra. The court has scheduled further proceedings following the interim period, where it will revisit the comedian’s plea for continued protection.
