The Bombay High Court on Monday agreed to hear a plea filed by stand-up comedian Kunal Kamra. He is seeking the quashing of an FIR lodged against him for allegedly referring to Maharashtra Deputy Chief Minister Eknath Shinde as a “gaddar” (traitor) during a performance.
A Division Bench comprising Justice Sarang Kotwal and Justice SM Modak scheduled the matter for urgent hearing on Tuesday, April 8, following a request by Senior Advocate Navroz Seervai, who cited “extreme urgency” in light of death threats issued to Kamra.
URGENT MENTIONING AMID DEATH THREATS
Kamra’s petition was originally listed for April 21, but his legal team approached the Court on Monday for an earlier date, citing safety concerns.
“It is a matter of extreme urgency and some concern… going through the fundamental rights and not so much criminal law,” Seervai told the Bench while seeking urgent listing.
He added that the Madras High Court had granted Kamra interim protection from coercive action, but that protection expires today (April 7).
“Death threats are being given to the petitioner. The Madras High Court has taken cognizance of the threats and immediately granted interim protection till today,” Seervai said.
He also informed the court that Mumbai police had reached Pondicherry, where Kamra is currently staying.
“We have filed the petition on Saturday. The situation is very grave. There are reports that the police has already reached Pondicherry,” he added.
COURT SUGGESTS EXPLORING ANTICIPATORY BAIL
Justice Kotwal, while agreeing to hear the plea on Tuesday, also suggested that Kamra explore the anticipatory bail route before the jurisdictional court.
“We will consider this petition independently, but you also consider the other route,” Justice Kotwal noted, referring to the Supreme Court’s ruling in the Priya Indoria case.
Seervai acknowledged the suggestion but pressed the court to proceed with the hearing on constitutional grounds, given the threats faced by Kamra.
Although the Bench declined to take up the matter post-lunch on Monday, it accepted the plea for urgent listing and posted the matter for April 8.
WHAT SPARKED THE FIR ?
The FIR against Kunal Kamra was filed in Mumbai based on a complaint by Shiv Sena MLA Muraji Patel, accusing the comedian of public mischief and defamation under the Bharatiya Nyaya Sanhita (BNS).
Kamra allegedly called Deputy CM Eknath Shinde a “gaddar” during a comedy performance, clear reference to Shinde’s 2022 rebellion against Uddhav Thackeray’s Shiv Sena, which led to a split in the party and the formation of a BJP-Shinde faction government in Maharashtra.
Kamra has been booked under Sections 353(1)(b), 353(2) (public mischief) and 356(2) (defamation) of the BNS.
The comedian, who is a resident of Villupuram, Tamil Nadu, had secured interim anticipatory bail from the Madras High Court on March 28, which is valid only till April 7.
KEY DEVELOPMENTS
- Kunal Kamra seeks to quash FIR filed in Mumbai over ‘gaddar’ remark aimed at Eknath Shinde.
- Case triggered by a complaint from Shiv Sena MLA Muraji Patel.
- Kamra faces charges under BNS Sections 353(1)(b), 353(2), and 356(2).
- Kamra received death threats; the Madras High Court granted interim protection, expiring today.
- Bombay High Court to hear the plea on April 8.
- Justice Kotwal advises exploring the anticipatory bail route.
