Bombay High Court Seeks Maharashtra Govt's Response On Kunal Kamra's Plea To Quash FIR Over Alleged Defamatory Video On Eknath Shinde

The Bombay High Court on Tuesday (April 8) asked State to get instructions on comedian Kunal Kamra's plea for quashing an FIR lodged against him following his satirical video and "gaddar" comment purportedly made against Maharashtra's Deputy CM Eknath Shinde.

During the hearing senior advocate Navroz Seervai appearing for Kamra, was asked by a division bench of Justice Sarang Kotwal and Justice Shriram Modak about the interim protection given by the Madras High Court to the comedian. 

To this Seervai said, "That order has not been uploaded. The Madras HC has extended interim protection till April 17. But, we are really concerned about the quashing. If Milords, are inclined to grant them some time, only one thing, my client has not once, twice or thrice but in writing has offered to get statements recorded virtually through VC. Milords must consider the death threats received by my client. The authorities aren't keen to record his statements but they want him here to be present physically. Milords, his physical presence must not be insisted till the present petition is heard". 

Seervai further submitted, "This isn't some murder or a serious offence thing. This is a comedy show, a video of which is available with them". 

The bench thereafter said that it shall keep the matter on April 16 and asked the Additional Public Prosecutor Mankunwar Deshmukh who appeared for the State to get instructions in the matter. 

When Deshmukh sought that the matter be kept on April 22, the bench orally said, "Madam, he is protected till April 17 not beyond that. So we will hear it on April 16 at 2:30 PM. We are issuing formal notice to both R1 and R2 (complainant)". 

As Seervai at this stage started to submit about " the absolute insistence for physical presence" of the petitioner, the bench orally said that it shall consider this issue on the next date of hearing. 

Background

Kamra, who presently resides in Tamil Nadu, was earlier granted interim anticipatory bail in connection with the Mumbai police FIR. The initial interim protection, which ended on Monday (April 7) was extended up till April 17.

A Zero FIR was lodged against Kamra under Sections 353(1)(b), 353(2) [Public mischief] and 356(2) [Defamation] BNS by Shiv Sena MLA Muraji Patel. The FIR was later transferred to Khar police station in Mumbai.

Though Kamra had not directly taken the Deputy Chief Minister Eknath Shinde's name, the party workers allege that he had called Shinde a traitor while referencing to his split from the Shiv Sena.

Offended by Kamra's remarks, a group of Shiv Sena workers had also vandalised Mumbai's Habitat studio, where the comedian had performed the show. Twelve people were arrested in connection with the violence that had erupted and were subsequently granted bail.

Kamra claims he has been receiving death threats since the show.