Kunal Kamra’s Lawyer Challenges Police Overreach in Bombay High Court

MUMBAI: The Bombay High Court on Wednesday reserved its decision on a plea by comedian Kunal Kamra to dismiss a First Information Report (FIR) filed against him for allegedly defamatory remarks targeting Maharashtra Deputy Chief Minister Eknath Shinde. The court also granted Kamra interim protection from arrest until the ruling is delivered.

The controversy stems from a stand-up comedy performance in February at the Habitat Comedy Club in Mumbai’s Khar area, where Kamra, aged 36, performed a parody of a song from the 1997 Bollywood film Dil Toh Pagal Hai. The modified lyrics included a reference to a “gaddar” (traitor), which Shiv Sena members interpreted as a jab at Shinde’s 2022 rebellion against then-Chief Minister Uddhav Thackeray, leading to the collapse of the Maharashtra Vikas Aghadi government.

Senior advocate Navroz Seervai, representing Kamra, argued before Justices Sarang Kotwal and S M Modak that the FIR represents a misuse of legal mechanisms to suppress free speech, a right enshrined under Article 19(1)(a) of the Indian Constitution. Seervai described the case as exceptional, asserting that law enforcement’s response reflects a lack of understanding of fundamental rights, even 75 years after India’s independence. He highlighted the harassment faced by Kamra’s elderly parents, noting a police summons issued for Kamra to appear on April 5, according to Bar and Bench.

The FIR, lodged at Khar Police Station by Shiv Sena MLA Murji Patel, accuses Kamra of defamation and inciting enmity between political groups. Additional FIRs filed in Nashik Rural, Jalgaon, and Nandgaon have been consolidated under Khar Police for investigation.

Kamra, a Tamil Nadu resident, previously secured interim transit anticipatory bail from the Madras High Court last month, extended until April 17, following threats received after his performance.