Kunal Kamra approaches Bombay HC to quash FIR over Shinde video remarks
K N Mishra
07/Apr/2025

What’s covered under the Article:
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Kunal Kamra has moved Bombay HC seeking to quash FIR citing violation of his fundamental rights over a controversial video.
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The comedian had earlier received interim anticipatory bail from Madras HC while he stayed in Tamil Nadu, his permanent residence.
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FIR was filed following a complaint by Shiv Sena MLA over Kamra’s use of the word “traitor” in a stand-up clip targeting Deputy CM Shinde.
Stand-up comedian Kunal Kamra has once again found himself at the centre of controversy, this time over a remark he made about Maharashtra Deputy Chief Minister Eknath Shinde during his show ‘Naya Bharat’. Kamra, known for his bold comedy and unapologetic satire, has now approached the Bombay High Court, seeking to quash the First Information Report (FIR) filed against him in response to a complaint about his remarks.
In his petition, Kamra argues that the FIR filed against him is a direct violation of his fundamental rights, particularly his right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. The comedian further claims that the FIR infringes upon his right to practice any profession or business and his right to life and liberty, as guaranteed under the Constitution.
Kamra’s legal team, including senior counsel Navroj Servai and advocate Ashwin Thool, is pushing for an early hearing of the petition before a bench of Justices Sarang Kotwal and S.M. Modak. This comes after Kamra's earlier legal victories, including the grant of anticipatory bail from the Madras High Court in March 2025, which provided temporary relief against the legal action taken in Tamil Nadu. Kamra is currently residing in Tamil Nadu, where he is a permanent resident, and he has indicated his readiness to defend himself legally in any jurisdiction.
Despite the ongoing legal proceedings, Kamra has failed to appear before the Mumbai police for questioning on multiple occasions. The Mumbai police had issued three separate summons for Kamra to appear, but he has not complied. This non-compliance has further complicated his legal situation, though Kamra has stated that the FIR itself is legally flawed and should be quashed.
The controversy surrounding Kamra’s “traitor” (gaddar) remark stems from an incident during his stand-up show, which was later uploaded to YouTube. In the show, Kamra used a modified version of a song from the film ‘Dil To Pagal Hai’, mocking Shinde and calling him a “gaddar.” This controversial joke attracted the ire of Shiv Sena, with MLA Murji Patel filing the complaint that led to the FIR being lodged against Kamra under sections 353(1)(b) (statements conducing to public mischief) and 356(2) (defamation) of the Bharatiya Nyaya Sanhita (Indian Penal Code).
The Shiv Sena leadership has strongly criticized Kamra’s remarks, viewing them as an insult to the party and its leadership. However, Kamra’s supporters and free speech advocates have rallied behind him, arguing that his remarks fall under the realm of free expression, particularly as he was performing in a comedic context. Kamra, known for his sharp wit and critique of political figures, has faced several legal battles over his comedic content in the past, but he remains a prominent voice in India’s stand-up scene, where he often challenges the establishment and societal norms.
In his petition to the Bombay High Court, Kamra stresses the need for comedians and artists to have the freedom to express themselves without the fear of legal repercussions. His legal team argues that allowing this FIR to stand would set a dangerous precedent, curbing the ability of artists to comment on public figures or issues of national importance through satire and humor.
As the legal battle continues, many are watching closely to see whether the Bombay High Court will side with Kamra’s assertion of his fundamental rights or whether the legal system will uphold the FIR and the charges of defamation. The outcome of this case could have significant implications for freedom of expression in India, particularly for artists and comedians who often push boundaries with their critiques of political figures and the establishment.
In the broader context, this case also reflects the ongoing tensions in India between free speech and political sensitivities. With high-profile figures like Kamra being at the centre of legal battles, there is a growing debate about the limits of free speech, particularly when it involves criticizing politicians or using provocative humor. The court’s ruling could help clarify the boundaries of comedic expression and how far public figures can go in defending their reputation in the face of satire and political humor.
Kamra’s case highlights the ongoing clash between artistic expression and political power, and whether legal frameworks in India can evolve to accommodate the changing nature of political satire in the digital age. His defense is likely to be watched not only by fellow artists but also by anyone interested in the future of free speech in the country.
With the Bombay High Court’s decision pending, the case remains a highly contentious issue, and the coming days may see further developments as Kamra continues his fight against the FIR. Whether he succeeds in quashing the case or faces legal consequences, his challenge to the legal system is bound to resonate in the ongoing conversation about the rights of artists and the limits of satire in Indian society.
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