The Bombay High Court on Tuesday, April 8, directed the Maharashtra government to take instructions and respond to a plea filed by stand-up comedian Kunal Kamra, who is seeking to quash the FIR registered against him over a satirical video allegedly aimed at Deputy Chief Minister Eknath Shinde.
A division bench comprising Justice Sarang Kotwal and Justice Shriram Modak heard senior advocate Navroz Seervai, who appeared on behalf of Kamra. The court inquired about the interim protection granted to Kamra by the Madras High Court in relation to the same matter.
Seervai informed the bench,
“That order has not been uploaded yet. The Madras High Court has extended interim protection until April 17. But our primary concern is the quashing of the FIR. My client has not once, but several times in writing, offered to record his statement virtually via video conferencing. The authorities, however, insist on his physical presence despite the death threats he has received. We request that his presence not be insisted upon until this petition is heard.”
Read Also:- Bombay High Court Asks Maharashtra Government to Explain Steps Taken Against Use of 'Two-Finger Test'
The bench, after hearing the submissions, scheduled the matter for further hearing on April 16. Additional Public Prosecutor Mankunwar Deshmukh, who appeared on behalf of the State, was instructed to get necessary directions from the government. When she requested that the hearing be postponed to April 22, the court responded,
“Madam, he is protected only till April 17, not beyond that. We will take it up on April 16 at 2:30 PM. Formal notice is being issued to both Respondent 1 and Respondent 2 (the complainant).”
As Seervai continued to raise concerns about the demand for Kamra’s physical appearance, the bench stated that the issue would be considered on the next date of hearing.
Background of the Case
Kunal Kamra, who currently resides in Tamil Nadu, had previously secured interim anticipatory bail in connection with the FIR lodged by Mumbai police. The interim protection that was to expire on April 7 has now been extended till April 17.
Read Also:- Bombay High Court Orders SIT Probe Into Badlapur 'Fake' Encounter Involving Five Policemen
The FIR was initially filed as a Zero FIR under Sections 353(1)(b) and 353(2) (public mischief), along with Section 356(2) (defamation) of the Bharatiya Nyaya Sanhita (BNS), based on a complaint by Shiv Sena MLA Muraji Patel. It was later transferred to Khar police station in Mumbai.
While Kamra did not explicitly name Deputy Chief Minister Eknath Shinde in the video, Shiv Sena party members allege that his reference to a "traitor" was clearly directed at Shinde, in relation to his split from the Shiv Sena party.
Following the video's release, several Shiv Sena workers vandalized the Habitat Studio in Mumbai, where Kamra had performed. The incident led to the arrest of twelve individuals, who were later granted bail.
Kamra has since claimed that he has received multiple death threats as a result of the video and the controversy surrounding it.
