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Lawyer's Arc > Editorials > KUNAL KAMRA FACES NEW LEGAL BATTLE
EditorialsNews

KUNAL KAMRA FACES NEW LEGAL BATTLE

Stand-up Comedian Kunal Kamra. File | Photo Credit: X/@kunalkamra
Pankaj Pandey
Last updated: 02/04/2025 11:43 PM
Pankaj Pandey
Published 02/04/2025
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A TIMELINE OF CONTROVERSIES AND COURT CASES

MUMBAI | APRIL 2, 2025, Stand-up comedian Kunal Kamra is once again in the legal spotlight, facing five cases in Maharashtra for allegedly calling the State’s Deputy Chief Minister Eknath Shinde a “gaddar” (traitor) in a parody song. Known for his outspoken political satire, Kamra has frequently been entangled in legal battles, confronting politicians, news anchors, and even the judiciary. Here’s a detailed report on his previous encounters with the law and how the courts have responded.

Contents
A TIMELINE OF CONTROVERSIES AND COURT CASESCONTEMPT OF COURT CASES (2020)COURT PROCEEDINGSVARANASI CASE OVER MORPHED SUPREME COURT IMAGECOURT VERDICTFLIGHT CONFRONTATION WITH ARNAB GOSWAMI (2020)AIRLINE RESPONSE:LEGAL CHALLENGE TO IT RULES AMENDMENT (2023)COURT VERDICTSSUPREME COURT’S STANCE ON FREE SPEECHLATEST CASE: ANTICIPATORY BAIL FOR KAMRA

CONTEMPT OF COURT CASES (2020)

Kamra stirred controversy in 2020 with multiple tweets criticizing the judiciary. One of his tweets featured a photo of him on an aircraft, holding up his middle finger, with the caption:

“One of these 2 fingers is for [then] CJI [Chief Justice of India] Arvind Bobde…ok let me not confuse you it’s the middle one.”

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Additionally, he aimed Justice DY Chandrachud (now the Chief Justice of India) after he granted bail to Republic TV Editor-in-Chief Arnab Goswami, stating:

“(CJI) DY Chandrachud is a flight attendant serving champagne to first-class passengers after they’re fast-tracked through, while commoners don’t know if they’ll ever be boarded or seated, let alone served.”

Kamra also labeled the Supreme Court as a “Brahmin-Baniya affair” and posted a morphed image of the court building in saffron color with a BJP flag atop it.

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COURT PROCEEDINGS

  • Kamra was issued a contempt of court notice on December 18, 2020.
  • The case was listed for hearing seven times but has not been revisited since January 23, 2023.
  • Kamra refused to apologize, arguing that his jokes could not undermine the judiciary’s credibility.

VARANASI CASE OVER MORPHED SUPREME COURT IMAGE

Kamra’s morphed image of the Supreme Court in saffron color with a BJP flag led advocate Saurabh Tiwari to file a case against him in Varanasi, citing “contempt and disrepute” to the Indian National Flag.

COURT VERDICT

  • The Varanasi magistrate dismissed the case for lack of jurisdiction.
  • A revision petition was filed but was rejected by the district judge.

FLIGHT CONFRONTATION WITH ARNAB GOSWAMI (2020)

In January 2020, Kamra confronted Arnab Goswami on an IndiGo flight, questioning his journalism and calling him a “coward”. The video went viral, sparking a heated debate.

AIRLINE RESPONSE:

IndiGo banned Kamra from flying for six months.

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GoAir, Air India, and SpiceJet followed suit.

Kamra sued the airlines and DGCA, arguing the bans violated Civil Aviation Rules.

  • COURT PROCEEDINGS
  • The Delhi High Court directed the DGCA to review Kamra’s case within eight weeks.
  • IndiGo’s Internal Committee found Kamra guilty but reduced the ban to three months.
  • Vistara banned him until April 27, 2020.
  • The Delhi High Court refused Kamra’s second petition, advising him to seek appellate redressal.

LEGAL CHALLENGE TO IT RULES AMENDMENT (2023)

Kamra was a lead petitioner against the 2023 amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. These amendments empowered the government to set up a fact-checking body to flag “false” information.

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COURT VERDICTS

On January 31, 2024, the Bombay High Court delivered a split verdict:

  • Justice GS Patel struck down the law.
  • Justice Neena Gokhale upheld the law.
  • The matter went to a third judge, but the Supreme Court granted an injunction against the law.

On September 20, 2024, Justice AS Chandurkar ruled in Kamra’s favor, stating:

“Literature including poetry, dramas, films, stage shows including stand-up comedy, satire, and art, make the lives of human beings more meaningful. The Courts are duty-bound to uphold and enforce fundamental rights guaranteed under the Constitution of India.”

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SUPREME COURT’S STANCE ON FREE SPEECH

In a ruling addressing content creators and artists, the Supreme Court reaffirmed freedom of expression, stating:

“75 years into our republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities. Subscribing to such a view would stifle all legitimate expressions of view in the public domain which is so fundamental to a free society.”

LATEST CASE: ANTICIPATORY BAIL FOR KAMRA

In the latest case involving his parody song targeting Eknath Shinde, the Madras High Court granted Kamra interim anticipatory bail until April 7, 2025.

While his legal troubles continue, Kamra remains committed to political satire and free speech. As his battles with the legal system persist, his defiance signals that he has no intention of backing down from speaking truth to power.


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