No vindictive action against citizens sharing Kamra's videos: Maharashtra government
What's the story
The Maharashtra government told the Bombay High Court that no vindictive action has been initiated against those who shared/re-sang comedian Kunal Kamra's controversial parody song.
Public prosecutor Hiten Venegavkar assured this to Chief Justice Alok Aradhe and Justice Makarand Karnik on Wednesday.
The statement was made in response to a public interest litigation by 25-year-old law student Harshvardhan Khandekar.
Kamra's parody track inside his latest stand-up set had jokes about Maharashtra Deputy Chief Minister Eknath Shinde.
Legal concerns
Kamra's studio vandalism raised concerns over law enforcement
With the PIL, Khandekar was urging that no FIR be registered against anyone who retweeted/interacted with the stand-up set.
Advocate Amit Katarnaware, appearing for Khandekar, also flagged the vandalism of the studio where Kamra performed as an area of concern.
Arguing for equality before the law, he noted that while no action was taken against hate speech, the government actively curtailed Kamra's voice.
Katarnaware further condemned the registration of four FIRs for one speech as an "arbitrary action."
Court proceedings
Government prosecutor said FIR non-registration plea wasn't maintainable
Prosecutor Venegavkar emphasized that no vindictive action was taken against anyone who simply shared the parody song.
However, he maintained that the prayer for non-registration of FIR is "vast" and not maintainable.
He confirmed an FIR was already registered against Kamra, who appeared before the Chennai trial court and got interim anticipatory bail.
Venegavkar also revealed that Kamra moved the Bombay High Court for quashing another FIR, which issued notices on his petition.
Judicial inquiry
Judges questioned the need for a PIL in Kamra's case
The bench directed the government's side to not be vindictive, to which Venegavkar said, "Absolutely not."
The judges also wondered why a PIL was moved in Kamra's case when he had already approached the Madras High Court for relief.
Katarnaware clarified that the petitioner is not defending Kamra but is concerned about action against those who shared or retweeted the parody song.
He warned that if such action is permitted, the court could be "flooded with writ petitions."
Political statements
'As of now, it is an apprehension'
Katarnaware highlighted that the Chief Minister and Home Minister threatened stern action against anyone playing the parody song video clip.
Here, CJ Aradhe reportedly reminded Katarnaware that "this is not a political speech...This is a court of law."
Justice Karnik said, "As of now, it is an apprehension."
The petition was allowed to be withdrawn, granting liberty to take recourse "if occasion in future so arises."