Kunal Kamra moves HC seeking cancellation of FIR on controversial remarks case

NEW DELHI: Stand-up comedian Kunal Kamra approached the Bombay High Court seeking the cancellation of the FIR filed against him in connection with the ‘gaddar’ jibe directed at Maharashtra Deputy Chief Minister Eknath Shinde during his stand-up show ‘Naya Bharat.’

Kamra’s counsel argued that in light of the Madras High Court’s protective order, his client has offered to give a statement via video conferencing on multiple occasions due to safety concerns and that authorities have, however, insisted on his physical presence.

The petition, reportedly filed on April 5, challenges the FIR on constitutional grounds, arguing it violates Kamra’s fundamental rights under Articles 19 and 21, namely, freedom of expression and the right to life. A division bench comprising Justice SV Kotwal and Justice SM Modak will hear the matter.

After hearing the petition, the judge ruled that Kamra would be protected until April 16 and issued notices to the Government of Maharashtra and the complainant, Shiv Sena MLA Murji Patel, to respond to the petition.

On Kunal Kamra seeking the cancellation of an FIR filed against him by the Shiv Sena, his counsel said, “We are concerned in a quashing like this. In light of what happened in the Madras HC. My client has thrice offered to give a statement over video conferencing in the light of the danger he faces. It does seem the authorities are not keeping on recording the statement; they keep insisting on his physical presence over here.”

The counsel further said, “On no less than three occasions, we have offered to cooperate on video conferencing. This is not some murder case, it’s a comedy show. If at all, they intend to file an affidavit, they must serve notice before April 16.”

Kamra’s legal representatives contend that his satirical performance, part of his show ‘Naya Bharat’, is protected speech and should not attract criminal prosecution.

Kamra’s counsel stated that this is not a murder case but a matter stemming from a comedy show and further emphasised that if the authorities intend to file an affidavit, they must serve a notice before April 16.

On Monday, the ticketing platform, BookMyShow, issued a statement about how the platform “facilitates the sale of tickets” and operates the business with “neutrality and in compliance with the applicable laws of India”

This statement came after stand-up comedian Kunal Kamra asked the ticketing platform not to “delist” him or alternatively provide him with the contact information he has “generated through your platform from my audience.

Earlier, Yuva Shiv Sena General Secretary Rahool N Kanal had formally written to BookMyShow, urging the ticketing platform to refrain from facilitating ticket sales for comedian Kunal Kamra’s upcoming shows.

The letter, dated April 2, highlighted concerns over Kamra’s controversial content and its potential impact on public sentiment.

The Madras High Court on Monday extended the interim protection from arrest granted to stand-up comedian Kunal Kamra till April 17.
Last month, Kunal approached the Madras High Court to seek transit anticipatory bail, claiming he had received many threats following his satirical comments during his show at Mumbai’s Habitat Studio.

The comic sang a parody of ‘Bholi Si Surat’, a popular song from the Bollywood movie ‘Dil To Pagal Hai’. With this parody song, he allegedly targeted Maharashtra Deputy Chief Minister Eknath Shinde, leading to multiple FIRs against him.

Following the controversy, Eknath Shinde’s Shiv Sena youth group, Yuva Sena, vandalised the Habitat comedy venue where the show was filmed.

The comedian, who has had several run-ins with the BJP-led Centre, has refused to apologise for his remark against Shinde. However, he has said that he would cooperate with the police.

Kunal also replied to political leaders, “threatening” him to teach a lesson in his official statement.

Kamra stated that the ‘inability to take a joke at the expense of a powerful public figure does not change’ the nature of his right.

He added that it is not against the law as far as his knowledge.”Our right to freedom of speech and expression is not only to be used to fawn over the powerful and rich, even though today’s media would have us believe otherwise. Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system”, his statement continued. (ANI)