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Bombay high court to hear Kunal Kamra’s plea for FIR quashing on Tuesday
Kunal Kamra’s lawyer mentioned the petition for urgent hearing before a bench of justices Sarang Kotwal and SM Modak citing death threats his client faced
The Bombay high court will on Tuesday hear stand-up comedian Kunal Kamra’s plea for quashing the case registered against him for allegedly insulting Maharashtra deputy chief minister Eknath Shinde, even as it suggested his lawyer approach the jurisdictional court for regular anticipatory bail.
Kamra’s counsel, senior advocate Navroz Seervai, on Monday mentioned the petition for urgent hearing before a bench of justices Sarang Kotwal and SM Modak. Kamra’s plea referred to the death threats he faced and requested the bench to hear the matter urgently. “It is a matter of extreme urgency and some concern. Death threats are being given to the petitioner. The Madras high court took cognisance of the threats and granted interim protection until today [Monday]. The situation is very grave. There are reports that the police have already reached Pondicherry [looking for Kamra],” Seervai told the bench.
The bench suggested Kamra consider moving the jurisdictional court for anticipatory bail, citing the Madras high court’s interim protection to him from arrest. “We will consider the petition [for quashing of the case] independently, but you also consider the other route [to seek regular anticipatory bail from the jurisdictional sessions court in Mumbai],” the bench told Seervai. Seervai agreed to explore other options but requested prioritisation of the quashing petition for hearing.
Kamra moved the Bombay high court on Saturday, challenging the “legality and propriety” of the First Information Report (FIR) against him. He said it infringes upon his constitutionally guaranteed freedom of speech and expression, right to profession and business of choice, and life and liberty.
Kamra was booked for a parody song that referred to a “gaddar (traitor)” during a show titled “Naya Bharat”, hinting at Shinde’s revolt against the Uddhav Thackeray-led Shiv Sena to ally with the Bharatiya Janata Party. Shinde-led Shiv Sena workers vandalised the studio where the song was recorded. The FIR was registered against Kamra based on a Shiv Sena legislator Muraji Patel’s complaint on March 24.
Police visited Kamra’s Mumbai residence to serve him a summons after he failed to appear for questioning. Kamra said he is a resident of Tamil Nadu’s Villuparam and that the police visit to his residence, where he has not lived for the last 10 years, was a “waste of time and public resources”.
The Madras high court on March 29 granted Kamra interim anticipatory bail until April 7, considering the threats he faced from Shiv Sena workers. Kamra blamed the threats for his inability to approach courts in Maharashtra.
Kamra’s petition said the police refused to allow him to appear for questioning via video conferencing despite a threat to his life. He added that the complaint against him violated his fundamental rights guaranteed under the Constitution.
