HC continues interim protection till April 16

Mumbai: While continuing the interim protection against arrest till April 17 granted by the Madras High Court to standup comedian Kunal Kamra, the Bombay High Court has posted his plea to quash a Mumbai Police FIR against him for further hearing on April 16.

A division bench comprising Justice Sarang Kotwal and Justice Shriram Modak also issued notices to the Mumbai Police and ruling MahaYuti ally Shiv Sena MLA Murji Patel for the FIR against the funnyman over his ‘traitor’ swipe at Deputy CM Eknath Shinde.

Queried on the interim protection granted by Madras HC, Kamra’s lawyer, Senior Advocate Navroz Seervai told Justice Kotwal and Justice Modak that it was an oral order applicable till April 17, but his client (Kamra) was really concerned about quashing (the FIR).

After the judges listened to his arguments  (See… BOX),     they said they would hear the matter on April 16 and asked Additional Public Prosecutor Mankunwar Deshmukh appearing for the State to get instructions.

However, she sought a hearing on April 22, but the judges explained to her that Kamra is protected till April 17 (by Madras HC) and not beyond, so they would hear the matter here on April 16 afternoon.

Based on Patel’s complaint with the MIDC Police Station on March 24, the Mumbai Police had lodged a FIR against the comedian under various sections of the Bharatiya Nyay Sanhita, which was later transferred for probe to the Khar Police Station.

Though Kamra had not taken any name in his show, DCM Shinde’s loyalists construed it as lampooning him - as a ‘traitor’ (gaddar) with reference to his rebellion and split from the undivided Shiv Sena in June 2022 – and went on a rampage.

That day (March 23) the enraged supporters had vandalised the Habitat Studio in Khar where the show was recorded, but later at least 12 persons were nabbed for the violence and enlarged on bail even as Kamra has been claiming getting death threats since then.

As the row snowballed, more FIRs were filed against Kamra in Nashik, Jalgaon and Nandgaon, all of which are being probed by the Khar Police Station.

Not murder case: Lawyer 

On April 5, the Tamil Nadu-based Kamra, 36, filed a writ petition in Bombay HC seeking to quash the Mumbai Police’ FIR.

He cited constitutional grounds of violating his fundamental rights under Articles 19 and 21 pertaining to freedom of speech and livelihood.

His legal team led by Navroz Seervai argued that the satirical remarks in Kamra’s show ‘Naya Bharat’ constitutes protected speech and so should “not be criminalized under defamation of public mischief” charges.

He said that Kamra had written thrice to Mumbai Police to record his statements via videoconferencing as he had been getting multiple death threats.

“The authorities are not keen to record his statement but they want him to be present here physically. His physical presence must not be insisted upon till the present petition is heard. This is not some murder or a serious offence… It is a comedy show, a video of which is available with them,” pleaded Seervai.