In further relief to Kunal Kamra, the Bombay High Court on Friday granted protection from arrest to the stand-up comedian in connection with the FIR registered against him by the Mumbai police over his “gaddar” jibe against Maharashtra Deputy Chief Minister Eknath Shinde.
While refusing to grant a stay on the investigations against Kamra in the case, a HC bench of Justices Sarang Kotwal and SM Modak said that if the police wanted to question Kamra, they would have to do it in Chennai since Kamra resides in Tamil Nadu. After hearing arguments from both sides over a petition filed by Kamra seeking the quashing of the FIR registered against him, the HC bench granted interim protection to the stand-up comedian from arrest. HC in its order bench ruled: “The Petitioner (Kamra) shall not be arrested in connection with the case registered at Khar Police Station, Mumbai, during pendency of this Petition. However, the investigation in this case can continue… If the Investigating Agency wants to record the Petitioner's statement, it can be recorded at Chennai with the help of the local police, after giving notice of reasonable period to the Petitioner so that he can remain present in Chennai”. “If during pendency of this Petition the charge-sheet is filed, the concerned Court shall not proceed against the Petitioner, during pendency of this Petition. In its 34-page order, the HC bench noted there were larger issues of freedom of speech that needed to be seen in the case. While senior Advocate Navroz Seervai represented Kamra, Public Prosecutor Hiten Venegaonkar appeared for the State.
In its significant observations made in its order, the HC bench noted: “Thus, there are larger issues of fundamental right of freedom of speech guaranteed under Article 19(1)(a) of the Constitution canvassed by Mr Seervai against the restrictions put on that right under Article 19(2) as canvassed by Mr Venegavkar which included the aspect of decency, morality and public order. All these questions raised by both sides deserve serious consideration. Hence, arguable points are raised and, therefore, we are inclined to admit this petition.”
While refusing to stay the investigation and granting interim protection to Kamra from arrest, the HC bench noted: “In the background of the above discussion, we are not inclined to grant complete stay on the investigation of this case which is still in progress.
The Petitioner has also shown willingness to give his own statement. It is the case of the petitioner that he has been receiving death threats, therefore, his security is of concern. To that extent, some protection can be granted to him. Learned counsel for the petitioner has submitted that the statement can be recorded in Chennai if reasonable notice is given to the petitioner. Therefore, the investigation can continue, however, it is not necessary to arrest the petitioner”. At the previous hearing held on April 16, 2025, the high court had said that stand-up comedian should not be arrested till it passed an order on his petition seeking quashing of an FIR registered against him by the Mumbai police over his “gaddar” jibe against Maharashtra Deputy Chief Minister Eknath Shinde. The HC order had come in the backdrop of the fact that the Madras High Court had extended Kamra's interim protection till April 17, while hearing a petition seeking transit anticipatory bail in connection with the FIR lodged against him at Mumbai.
It may be recalled that based on a complaint lodged by Shinde Shiv Sena MLA Murji Patel with the MIDC Police Station on March 24, a Zero FIR was lodged against Kamra under Sections 353(1)(b), 353(2) [Public mischief] and 356(2) [Defamation] under BNS.
The FIR was later transferred to Khar police station in north-west Mumbai. Earlier on the night of March 23, the studio “the Habitat” — a venue located at The UniContinental hotel in Khar suburbs of Mumbai where Kunal had shot his stand-up comedy — was vandalised by the Shinde Shiv Sena workers. In that show, Kamra had taken a jibe at Shinde without naming but using a modified version of a Hindi song from “Dil To Pagal Hai” — “meri nazar se tum dekho to gaddar nazar wo aaye, aaye.”
Three more FIRs were filed on March 28 under the same provisions. Additional cases were registered in Thane and Dombivli. More FIRs were registered against Kamra in Nashik, Jalgaon and Nandgaon, all of which are being probed by the Khar Police Station.
In his petition seeking the quashing of the FIR registered against him by the police, Kamra said that the continuation of the case would be a frontal attack on a “citizen's constitutional right to freedom of speech and expression”. He asked the court whether a person's right to comment on political developments and actions of leaders could be criminalised in this manner.