The Madras High Court on Friday granted interim anticipatory bail to stand-up comedian Kunal Kamra until April 7 in connection with a criminal case registered against him in Mumbai. The case pertains to remarks made by Kamra that allegedly insulted Maharashtra Deputy Chief Minister Eknath Shinde.
Justice Sunder Mohan issued the order after considering Kamra’s claim that he was unable to approach courts in Maharashtra due to threats of physical violence from political party workers. The Court acknowledged this concern, noting that the comedian had presented newspaper reports documenting these threats.
Kamra’s counsel argued that his performance fell under satire, which is protected as free speech, and emphasized that no individual was directly named in his act. The lawyer also highlighted the open threats issued against Kamra by members of the Shiv Sena and supporters of the Deputy Chief Minister.
The controversy stemmed from a parody song performed by Kamra during a stand-up show, in which he used the term ‘gaddar’ (traitor). This was perceived as a reference to Eknath Shinde, who had previously broken away from the undivided Shiv Sena, led by Uddhav Thackeray, to align with the Bharatiya Janata Party (BJP). Shinde’s defection resulted in the Shiv Sena’s split, with his faction ultimately forming the government in Maharashtra through a coalition with the BJP.
Following a complaint by Shiv Sena legislator Muraji Patel, Kamra was charged under Sections 353(1)(b), 353(2) (public mischief), and 356(2) (defamation). Despite being a resident of Villupuram in Tamil Nadu, the FIR was filed against him in Mumbai, prompting him to seek transit anticipatory bail from the Madras High Court.
Transit anticipatory bail allows an individual to secure pre-arrest protection in their home state when an FIR is lodged in another state.
During the hearing, Kamra’s counsel referenced a Supreme Court ruling in the Imran Pratapgarhi case, which affirmed that satire and parody are integral to free speech. The lawyer argued that Kamra’s act did not target any specific individual and reiterated that the comedian was facing credible threats.
The counsel further pointed out that members of the ruling party in Maharashtra, including a minister, had openly issued threats against Kamra. He claimed that more than 500 individuals had warned they would act against Kamra in “Shiv Sena style,” a reference understood to imply aggressive retaliation. The lawyer also noted that those who vandalized a hotel in a related incident were swiftly released on bail, demonstrating a lack of serious action against them.
Asserting Kamra’s commitment to constitutional values, his counsel urged the Court to grant him interim protection until he could seek legal relief in Maharashtra. The Court, acknowledging the gravity of the threats, granted Kamra interim anticipatory bail until April 7.