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Madras HC grants interim anticipatory bail to Kamra
Justice Sunder Mohan granted bail to Kamra until April 7 after taking note of his argument that he couldn’t approach a court in Maharashtra because of the FIRs against him.
The Madras high court on Friday granted interim anticipatory bail to standup comic Kunal Kamra in connection with the First Information Report (FIR) lodged against him in Mumbai over his remarks against Maharashtra deputy chief minister Eknath Shinde.
Justice Sunder Mohan granted bail to Kamra until April 7 after taking note of his argument that he couldn’t approach a court in Maharashtra because of the FIRs against him.The court also issued notices to the Tamil Nadu government and the Khar Police Station, Mumbai.
“The petitioner is a standup comedian. He made comments in a show in January and the video was released recently. The petitioner says he is facing life threats and is unable to approach courts in Maharashtra. This court is inclined to grant him interim anticipatory bail,” the high court said.
The 36-year-old stand-up comedian has kicked up a major political storm in Maharashtra after he referred to Shinde as a “traitor” during his performance at the Habitat Studio at the Unicontinental hotel in Mumbai, where he went on to sing a parody about Shinde. Kamra used a modified version of a Hindi song from the movie Dil Toh Pagal Hai to describe the 2022 rebellion of Shinde against his then boss Uddhav Thackeray.
Kamra approached the Madras high court on Friday morning, seeking transit anticipatory bail after multiple FIRs were lodged against him.
The court granted Kamra relief on the condition that he execute a bond to the satisfaction of the judicial magistrate at Vanur in Villupuram district in Tamil Nadu. The judge took note of submissions made by Kamra’s counsel, advocate V Suresh, who said that the comic was receiving death and physical threats by several people, including members and ministers of the Shiv Sena.
Suresh told the court that Kamra had not named anyone. He had also made jokes on a billionaire’s son and several other topics. All of those were meant as satire and satire was an accepted part of a citizen’s fundamental right to freedom of speech, Suresh argued.
The court then said it was inclined to grant interim protection from arrest to Kamra.
Suresh also told the xourt that Kamra is a permanent resident of Villupuram town in Tamil Nadu and thus, the Madras high court exercises jurisdiction to hear his anticipatory bail plea.
A Zero First Information Report (FIR) was lodged against Kamra on alleged charges of causing public mischief and defamation, under Sections 353(1)(b) (making statements containing false information through electronic means with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity), (making statement containing false information, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, 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 respectively, on a complaint by Shiv Sena MLA Muraji Patel.
Amid a massive uproar, chief minister Devendra Fadnavis has sought the comedian’s apology; police have arrested 12 workers of the Shinde-led Shiv Sena for ransacking the show venue Habitat; and the Brihanmumbai Municipal Corporation (BMC) has razed a temporary structure at the hotel over violations.
Kamra has maintained that he will not apologise.
