Kunal Kamra's lawyer on police action in Bombay HC: 'Even after 75 years…'

Stand-up comedian Kunal Kamra's lawyer on Wednesday questioned the proceedings against his client and the alleged “mechanic nature” of the police in targeting him before the Bombay high court.

The Bombay high court was hearing Kunal Kamra's plea against the FIR in the row over his parody song allegedly targeting Maharashtra deputy chief minister Eknath Shinde.

Senior advocate Navroz Seervai, representing Kunal Kamra, said the case fell within the “rarest of rare” category as the law machinery was used by persons who took umbrage with Kamra’s exercise of free speech, guaranteed under Article 19(1)(a) of the Constitution.

Seeking a complete stay on the investigation against Kamra, the lawyer said that the apex court has always repelled such illegal and improper attempts at censorship.

“75 years into our republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art or entertainment, such as stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities,” the lawyer told the court.

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The advocate questioned the police procedure, saying that it failed to determine whether any offence was made out through a preliminary enquiry.

“Police failed to make a determination of whether offence is made out through a preliminary enquiry. Three summons demanding his physical presence despite physical threats...Madras High Court, taking note of the threats, gave interim relief. The police still gave a summons for Kamra to be present on April 5. And the harassing of elderly parents…” the lawyer told the court, according to Bar and Bench.

He also accused the enforcement machinery in the country of being ignorant of fundamental rights.

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"This shows that even after 75 years of the existence of the Constitution...Law enforcement machinery is ignorant of the fundamental right or does not care about the fundamental right," Seervai told the court, according to Bar and Bench.

Public prosecutor Hiten Venegaonkar opposed Kamra’s plea, saying artists and stand-up comedians must not target individuals and be open to criticism.

After hearing both sides, the high court then reserved its order, clarifying that Kamra would not be arrested till the order was pronounced.

(Inputs from Karuna Nidhi in Mumbai)