Bombay high court to hear Kunal Kamra’s plea to quash FIR over parody song

The Bombay high court is set to hear a petition filed by stand-up comedian Kunal Kamra on Tuesday, seeking the quashing of a criminal case registered against him for allegedly insulting Maharashtra’s deputy chief minister Eknath Shinde through a satirical performance.

On Monday, Kamra’s senior counsel Navroz Seervai mentioned the plea before a division bench comprising Justices Sarang Kotwal and SM Modak, stressing the urgency of the matter in light of threats to Kamra’s life. “This is a matter of extreme urgency. The petitioner is receiving death threats. The Madras high court has already granted interim protection to him till today [Monday]. There are reports that the police have reached Pondicherry in search of Kamra,” Seervai informed the court.

In response, the bench advised Kamra’s legal team to also consider approaching the jurisdictional sessions court in Mumbai for regular anticipatory bail, even as they agreed to independently evaluate the plea for quashing the case. Seervai agreed to explore both legal avenues but urged the court to prioritise the quashing petition.

Kamra had approached the Bombay high court on Saturday, challenging the legality of the First Information Report (FIR) filed against him on March 24. The complaint, lodged by Shiv Sena legislator Muraji Patel, accuses Kamra of targeting Shinde through a parody song performed during his show “Naya Bharat.” The song made references to a “gaddar” (traitor), allegedly alluding to Shinde’s political defection from the Uddhav Thackeray-led Shiv Sena to join hands with the Bharatiya Janata Party.

Following the show, Shiv Sena workers vandalised the recording studio where the performance took place. Kamra argues that the FIR violates his constitutionally guaranteed rights to free speech, professional expression, and personal liberty.

Police later attempted to serve Kamra a summons at his Mumbai residence, which he claims is a place he has not lived in for over a decade. He currently resides in Villupuram, Tamil Nadu. Kamra criticised the police action as a misuse of public resources.

On March 29, the Madras high court granted Kamra interim anticipatory bail until April 7, considering the threats he had received. Kamra has also alleged that Mumbai police refused to allow him to appear for questioning via video conferencing, despite the serious threat to his safety.

Kamra maintains that the entire case is an infringement on his rights as a comedian and performer in a democratic society, and has urged the court to quash the FIR in the interest of justice and freedom of expression.