HC admits Kunal Kamra’s petition, restrains police from arresting him

Mumbai: The Bombay High Court on Friday admitted a petition filed by comedian Kunal Kamra, seeking the quashing of a first information report (FIR) lodged against him for allegedly defaming Maharashtra deputy chief minister Eknath Shinde during a show in February.

Kamra’s petition in the Bombay High Court, filed on April 5, challenged the “legality and propriety” of the FIR registered by Shiv Sena (Shinde faction) MLA Murji Patel.

A division bench of justice Sarang Kotwal and justice SM Modak directed the police to refrain from arresting Kamra while the petition is pending. The court also instructed the trial court not to take cognisance of any charge-sheet that may be filed by the Khar police against him.

Kamra had uploaded a video of his stand-up special called Naya Bharat, recorded on February 2 at The Habitat studio in Khar, on YouTube on March 23. The same day MLA Patel filed an FIR at the Khar police station against Kamra for allegedly defaming Shinde through the parody song. The Shiv Sena (Shinde faction) workers also vandalised Habitat studio in Khar, prompting the Brihanmumbai Municipal Corporation (BMC) to initiate demolition of parts of the premises.

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The FIR charged the comedian under sections 353(1)(b) (making, publishing or circulating any statement, false information, rumour, or report), 353(2) (creating feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities), and 356(2) (defamation)of the Bharatiya Nyaya Sanhita (BNS).

The 36-year-old’s petition said the FIR infringed his constitutionally guaranteed freedom of speech and expression, right to profession and business of choice, and right to life and liberty.

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The petition also said that the Khar Police refused to allow him to appear for questioning via video-conferencing despite there being a real threat to his life. It added that the registration of the FIR in haste and the surrounding events were nothing but “a gross misuse of the criminal justice system” and “a bare perusal of the allegations reflects that none of the offences applied in the FIR are attracted to the current set of facts.”

The petition claimed that his comments during the show did not amount to any of the key ingredients of the offences under section 353 of the BNS, which are false information, rumours or alarming news. Regarding the term “gaddar,” he said several prominent personalities had used the word against Shinde before him.

Kamra also contended that the Supreme Court has categorically held that when there is an allegation of a speech-related offence, it is always appropriate to conduct a preliminary inquiry to ascertain whether the information discloses a cognizable offence and whether there is a prima facie case for proceeding with the matter. However, such an inquiry was not conducted and the FIR was hastily registered after the Shiv Sena MLA approached the police, the petition claimed.