Bombay high court grants Kunal Kamra protection from arrest in ‘traitor’ jibe case against Eknath Shinde

The Bombay high court on Friday granted interim protection from arrest to stand-up comedian Kunal Kamra in connection with a case filed over his alleged “traitor” remark targeting Maharashtra deputy chief minister Eknath Shinde. However, the court clarified that the police investigation into the matter could continue.

A division bench comprising Justices Sarang Kotwal and SM Modak admitted Kamra’s petition seeking the quashing of the first information report (FIR) registered at Mumbai’s Khar police station. The FIR was filed after Kamra allegedly referred to Shinde as a “gaddar” (traitor) during a stand-up comedy performance. The court’s decision to admit the plea means it will be taken up for a detailed hearing at a later date.

“The investigation can continue. The petitioner shall not be arrested during the pendency of the petition,” the court observed, as quoted by PTI. The bench also instructed that if a chargesheet is filed while the plea is still under consideration, the concerned trial court should refrain from taking any further action.

Kamra, 36, had submitted in his petition that he was residing in Tamil Nadu and was apprehensive about travelling to Maharashtra due to death threats he received following the controversy. He emphasized that his comments, even if taken at face value, do not constitute any criminal offence.

The comedian was booked after he sang a parody version of a song from the Bollywood movie Dil To Pagal Hai during a performance. In the song, Kamra reportedly used the word “gaddar” in reference to Shinde’s 2022 political rebellion, which saw him break away from Uddhav Thackeray’s faction and form a coalition government with the BJP. The move had led to a major split within the Shiv Sena.

Following the performance, workers from Shinde’s faction of the Shiv Sena vandalized the studio where the show had been filmed. In response, Kamra approached the high court not only to seek quashing of the FIR but also to request protection from any coercive action, including arrest, seizure of personal electronic devices, or scrutiny of his financial records.

The case has sparked a renewed debate over the boundaries of artistic expression and political satire in India.