Court grants Kunal Kamra protection from arrest but allows probe
What's the story
The Bombay High Court has granted stand-up comedian Kunal Kamra protection from arrest in an FIR registered against him by the Mumbai Police.
The complaint was based on a joke Kamra made during his stand-up show "Naya Bharat," where he allegedly called Maharashtra's Deputy CM Eknath Shinde a "gaddar" (traitor).
The comment was seen as a reference to Shinde's defection from the Uddhav Thackeray-led Shiv Sena to the Bharatiya Janata Party (BJP).
Investigation protocol
Court's directive on questioning Kamra
While hearing a plea by Kamra seeking the quashing of the FIR, Justices Sarang Kotwal and SM Modak clarified that while the investigation can continue, any questioning of Kamra has to be conducted in Chennai, where he currently resides.
The court also said if a chargesheet is filed by Mumbai police during the ongoing proceedings before the high court, the trial court shall not proceed against him.
Legal arguments
Kamra's legal team challenges FIR filing
Kamra's counsel, Senior Advocate Navroz Seervai, argued the FIR was lodged in haste and arbitrarily without a proper preliminary inquiry.
He said it was registered within barely over an hour of police receiving information, which he said was "perverse" and showed "non-application of mind."
Seervai also challenged criminal defamation via an FIR, saying it was a non-cognizable offense and should be filed via private complaint.
Free speech argument
Kamra's performance defended as satire
Seervai stressed Kamra's act was a satire and thus, covered under his constitutional right of free speech.
"You may not like it. You will be criticized. One judgment says politicians should have thick skin. It can't be used to crush freedom of speech," he said.
Seervai also revealed that since the controversy erupted, Kamra has received hundreds of death threats, including threats of physical violence and posters calling for his execution.
State's stance
Public prosecutor defends FIR against Kamra
Public Prosecutor Hiten Venegaonkar, appearing for the state, defended the FIR and applicability of relevant sections.
He said Kamra's comments weren't political satire but a concerted attack on a public figure.
Venegaonkar also argued that preliminary verification was done before filing the FIR and apprised the court that Kamra's video had sparked public unrest, including vandalization of the studio where his performance happened.