HC to hear Kunal Kamra’s petition for quashing of the FIR today | Mumbai news

The Bombay high court on Monday agreed to hear on Tuesday the petition filed by stand-up comedian Kunal Kamra for quashing the FIR registered against him for allegedly defaming Maharashtra deputy chief minister Eknath Shinde during a show in February.

A division bench of justices Sarang Kotwal and SM Modak, posted the petition for an urgent hearing on Kamra’s request after he claimed he was receiving death threats. The bench also suggested that his lawyers approach the jurisdictional court (sessions court) for regular anticipatory bail.

Meanwhile, the Madras high court on Monday extended Kamra’s interim anticipatory bail until April 17. The comedian had approached the Madras high court last month seeking anticipatory bail, saying he has been a Tamil Nadu resident since 2021.

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Kamra’s petition in the Bombay High Court, filed on April 5, challenged the “legality and propriety” of the FIR registered at Khar police station based on the complaint of Shiv Sena MLA Murji Patel. 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.

The FIR was filed on March 24, a day after Kamra released a video of his stand-up special, Naya Bharat, which was shot on February 2, on YouTube and social media. The video included a parody song referring to a “gaddar” (traitor) in Maharashtra politics without naming anyone.

The song created a huge political controversy, as Shiv Sena workers believe it targeted Shinde, whose 2022 rebellion against then-chief minister Uddhav Thackeray led to a split in the party and the collapse of the latter’s government. Several Shiv Sena workers vandalised The Habitat studio in Khar, where Kamra’s show was recorded, and also threatened to beat him up if he was spotted in Mumbai.

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).

What the petition said

Kamra’s petition stated 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.”

Also Read | Kunal Kamra moves Bombay high court after FIR over ‘traitor’ jibe against Eknath Shinde

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.

Kamra’s counsel, senior advocate Navroz Seervai, requested the court to hear the matter urgently, considering his client was receiving death threats. “It’s a matter of extreme urgency and some concern. Death threats are being given to the petitioner. The situation is very grave. There are reports that the police have already reached Pondicherry,” he said.

The Madras high court had earlier taken cognizance of the threats and granted interim protection until April 7, before extending it on Monday until April 17. Considering the interim protection granted by the Madras high court, the division bench at the Bombay high court suggested Kamra consider moving the jurisdictional court for anticipatory bail.

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“We will consider the petition [for quashing of the FIR] independently, but you also consider the other route [to seek regular anticipatory bail from the jurisdictional court],” the bench told the petitioner. While Kamra’s lawyer concurred with the idea of exploring other options, he requested the bench to prioritise the petition for hearing. The court then agreed to hear the petition on Tuesday.

BookMyShow responds

Meanwhile, online ticketing platform BookMyShow on Monday released a statement seemingly refuting the claims by Shiv Sena leaders that it had delisted Kamra’s shows. “Facts on our role have been misrepresented in the public domain. Our role is to provide a platform for ticket sales of live shows, and it is the decision of the organiser or the venue to list or delist the show.”