Kunal Kamra Seeks High Court's Intervention to Cancel FIR
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Synopsis
On April 7, Kunal Kamra filed a petition in the Bombay High Court to cancel an FIR for calling Eknath Shinde a 'traitor' during his show. He argues this infringes on his rights to free speech and life. The court is set to hear his plea on April 21.
Key Takeaways
- Kunal Kamra has filed a petition against an FIR in the Bombay High Court.
- He claims his rights to freedom of expression are being violated.
- The case involves comments made during a comedy show.
- Shiv Sena activists have protested against Kamra's remarks.
- Kamra has declared he will not apologize for his statements.
Mumbai, April 7 (NationPress) Stand-up comedian Kunal Kamra has approached the Bombay High Court with a plea to annul the FIR filed against him for labeling Shiv Sena president and Deputy Chief Minister Eknath Shinde as a “traitor (gaddar)” during his performance.
In his petition, Kamra contends that these legal actions violate his fundamental right to freedom of expression as guaranteed under Article 19, as well as his right to life under Article 21 of the Constitution. The high court is anticipated to hear Kamra’s plea on April 21.
Kamra’s decision to file this petition follows the Madras High Court's recent grant of interim protection from arrest until April 7. He has previously ignored three summons from the Mumbai Police.
A fortnight ago, Kamra made headlines after performing a parody of 'Bholi Si Surat', a famous song from the Bollywood film 'Dil To Pagal Hai', while referring to Dy CM Shinde as gaddar. Following Shinde’s rebellion in June 2022, which led to the split of Shiv Sena and the fall of the Uddhav Thackeray-led government in Maharashtra, the term “gaddar” has been repeatedly used against Shinde by Thackeray and his son Aditya.
This reference by Kamra sparked vehement protests from the Shiv Sena, who vandalized the studio where his show was filmed. The state legislature erupted in chaos as members of the Mahayuti alliance condemned Kamra’s actions and demanded an apology from him.
Shiv Sena activists have threatened Kamra with repercussions. Chief Minister Devendra Fadnavis assured that strict action would be taken against him, emphasizing that the government would not tolerate any attempts to undermine the Constitution and limit freedom of speech. He clarified that freedom of speech must remain within constitutional boundaries and that any overstepping would not be accepted.
A breach of privilege notice was presented against Kamra in the Maharashtra Legislative Council during the recently concluded budget session, with BJP legislator Pravin Darekar stating, “Kunal Kamra performed a song containing personal and insulting references to Deputy Chief Minister Eknath Shinde.”
In response to the vandalism of the studio by Shiv Sena activists, Dy CM Shinde remarked, “I do not support vandalism. We should also consider the extent to which the allegations are made. Actions have reactions. I am sensitive and have great strength to endure. I prefer to stay calm, work diligently, and focus on delivering justice to the people.” He accused Kamra of making a statement against him under a 'supari (contract)'.
Nevertheless, Kamra has reiterated that he will not apologize for his comments, stating, “I don’t fear this mob, and I will not be hiding under my bed, waiting for this to die down.”
In a post on X, Kamra declared, “I will not apologise. What I said aligns perfectly with what Mr. Ajit Pawar (first Dy CM) remarked about Eknath Shinde (second Dy CM). To the political figures threatening me, our right to freedom of speech and expression is not meant solely to appease the powerful and wealthy, despite the current media narrative. The fact that you cannot take a joke at the expense of a public figure does not alter my rights. As far as I know, it is not illegal to mock our leaders and the circus that is our political system.”
He also criticized the Mumbai Police's action of serving notices to an audience member who attended his show for statements.
