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Kunal Kamra jibe case: Bombay HC issues notice to Mumbai police, Shiv Sena MLA
The controversy stems from a complaint filed by Shiv Sena MLA Murji Patel, which led to the Khar police registering an FIR against Kunal Kamra last month.
The Bombay High Court has issued a notice to the Mumbai police and Shiv Sena MLA Murji Patel in response to a plea filed by comedian Kunal Kamra, challenging an FIR lodged against him. The FIR was registered for allegedly passing a "traitor" jibe at Maharashtra Deputy Chief Minister Eknath Shinde during a stand-up comedy show.
A division bench, comprising Justices Sarang Kotwal and S M Modak, directed the police and Patel to take instructions and respond to the plea. The court scheduled a hearing for April 16, 2025.
The controversy stems from a complaint filed by Shiv Sena MLA Murji Patel, which led to the Khar police registering an FIR against Kamra last month.
The comedian, who has not appeared before the police despite three summons being issued, filed the petition on April 5, seeking the quashing of the FIR. Kamra's counsel, senior advocate Navroz Seervai, informed the court that the comedian had offered to cooperate with the investigation through video conference, citing threats to his life and safety. Kamra has been residing in Tamil Nadu since 2021, as stated in his plea.
Kamra's petition argues that the FIR is a violation of his fundamental rights, particularly the right to freedom of speech and expression, and his right to life and liberty. The comedian contends that his remarks were made in the context of a satirical commentary on political events, specifically the split within the Shiv Sena and Shinde's rebellion against Uddhav Thackeray in 2022.
The comedian’s legal team emphasized that this was not a case of a serious criminal offense, but rather one stemming from a comedic performance. They claimed that continuing with the investigation would constitute a serious infringement on Kamra's freedom of speech, which is protected under the Indian Constitution.
"The FIR stems from a stand-up comedy show and provides satirical commentary on social and political developments in the country," Seervai stated. "The use of the criminal justice machinery in this case represents a gross abuse of process and an infringement on fundamental rights."
Kamra's legal team also sought protection from any coercive actions, including arrest or seizure of his personal electronic devices, while the investigation continues.
The show in question was scripted by Kamra in July 2024 and performed across various locations between August 2024 and February 2025. A recording of the show was uploaded in March 2025, after which the FIR was filed.
In the meantime, Kamra has been granted interim transit anticipatory bail by the Madras High Court, which extended the protection until April 17. His counsel confirmed that Kamra was ready to cooperate with the investigation through a virtual interface, despite the police's insistence on his physical presence.
The court will review all aspects of the case on April 16, 2025.
