Bombay High Court protects Kunal Kamra from arrest but allows probe to proceed; questioning only in Chennai

Kunal Kamra Gets Temporary Relief in ‘Gaddar’ Case

Comedian Kunal Kamra, who has been facing legal trouble over comments made about Maharashtra Deputy Chief Minister Eknath Shinde, has received some respite from the Bombay High Court.

The court stated on Friday morning that Mr. Kamra cannot be arrested at this time, offering a degree of immediate protection.

Investigation to Continue

However, the bench, consisting of Justice Sarang Kotwal and Justice SM Modak, clarified that the investigation against Mr. Kamra will proceed. This investigation stems from a complaint alleging that he insulted Mr. Shinde by calling him a ‘gaddar’ – a term meaning traitor. The investigation will continue while the court considers his plea to quash the charges in detail.

Mr. Kamra had also requested protection from any coercive actions, which included arrest, the seizure of his electronic devices, and scrutiny of his financial transactions and accounts.

“The investigation can continue (but) the petitioner (Kunal Kamra) shall not be arrested during the pendency of the petition,” the judges ruled. They also instructed Mumbai Police that if they wish to question him, they must do so at his current residence in Chennai and after providing him with adequate notice.

Concerns Over Travel to Maharashtra

This provision was made after Mr. Kamra expressed concerns in his petition about traveling to Maharashtra for questioning, citing death threats he had received.

The court also pointed out that if the police file a chargesheet while Mr. Kamra’s petition is still being considered, the chargesheet would take precedence, potentially leading to the dismissal of his plea.

Kamra’s Defense: No Offense Committed

In his petition, Mr. Kamra argued that the allegations against him, even taken at face value, do not constitute an offense.

His legal counsel, Navroz Seervai, highlighted that political figures from the opposition had made similar remarks before last year’s election without facing any consequences.

He further noted that current Deputy Chief Minister Ajit Pawar had also made comparable comments when he was still a member of the undivided NCP, led by Sharad Pawar.

Prosecution’s Argument: Malicious Targeting

Public prosecutor Hiten Venegaonkar countered that the comedian’s actions were not “humorous criticism” of the government but rather a “malicious targeting of an individual” that damaged his reputation.

Regarding the death threats, Mr. Venegaonkar assured the court that the state government would provide protection. “Let him come forward….we will provide security, if needed,” the prosecutor stated.

The Root of the Controversy

The controversy surrounding Mr. Kamra’s comment originated last month during a show at a Mumbai studio. This studio was later vandalized by individuals associated with the ruling Shiv Sena and subsequently closed by its owners.

During the performance, he sang a parody of a song from the movie ‘Dil To Pagal Hai’, incorporating the word ‘gaddar’. He then made jokes about Mr. Shinde’s rebellion against Uddhav Thackeray in 2022, which led to the split of the Shiv Sena and the collapse of the government.

Kamra’s Stance: Freedom of Speech

Mr. Kamra has emphasized his right to freedom of speech, stating, “Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system.”

He has also expressed his willingness to cooperate with the police and the courts. However, he has questioned whether those involved in vandalizing the studio will also face legal action. “I will not apologise. I don’t fear this mob and I will not be hiding under my bed, waiting for this to die down,” he asserted.

Mr. Shinde, while stating that he did not support the vandalism, acknowledged the sentiments of party workers and remarked that “every action has a reaction”. He also questioned who had given Kunal Kamra “supari” (a contract) to target him.