Bombay HC protects Kunal Kamra from arrest

The

Bombay High Court

ruled that the comedian Kunal Kamra shall not be arrested by the Mumbai Police, and admitted his request to quash the First Information Report (FIR) over his alleged defamatory remarks on the Maharashtra Deputy CM Eknath Shinde during the comedy show. However, HC allowed the police to continue the investigation into the case and to question Kamra in Chennai after giving him a reasonable notice.

What did the Bombay High Court say?

A division bench of Justices Sarang Kotwal and S M Modak stated, “Investigation can continue. The petitioner (Kamra) shall not be arrested during the pendency of the petition.” However, the FIR for using the alleged term ‘traitor’ during the show shall remain, according to India TV.
HC remarked that the fundamental right of freedom of speech is guaranteed under Article 19(1)(a); hence, even if the charge sheet is filed by the police during the investigation, the trial court shall not proceed with it.

Kamra, with the help of his senior counsel Navroz Seervai and advocate Ashwin Thool, argued that the FIR against his show did not disclose the offence, adding that the satirical show had no public outrage as expressed by the politicians. They mentioned that Kamra has received 500 death threats via email, messages, and unknown calls.

What was the FIR about?

The FIR was filed against the comedian on March 24, 2025, for calling the unnamed politician a “Gaddar (traitor)” in a parody song in his stand-up special, Naya Bharat, referring to the politics. Following the release of the video on YouTube, Shiv Sena workers vandalised The Habitat, the venue where the stand-up was recorded.

Kunal Kamra's FIR was charged under the sections...

The sections under which the FIR was charged, against the comedian were 353(1)(b) that states making, publishing or circulating any statement, false information, rumour, or report, 353(2) that states creating feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, and 356(2) that states defamation of the Bharatiya Nyaya Sanhita (BNS), according to Hindustan Times.