The Bombay High Court on Friday said that Kunal Kamra shall not be arrested over his remarks against Maharashtra Deputy Chief Minister Eknath Shinde, however, it ruled that the police investigation against the stand-up comedian can continue.
A division bench comprising Justices Sarang Kotwal and S M Modak has admitted stand-up comedian Kunal Kamra’s petition seeking the quashing of an FIR registered at Khar police station. The FIR pertains to Kamra’s alleged use of the term “traitor” for Shinde during a comedy show.
With the petition admitted, the court will hear the matter in detail at a later stage.
As interim relief, the bench directed that Kamra shall not be arrested while the petition is pending. "Investigation can continue. The petitioner (Kamra) shall not be arrested during the pendency of the petition," the bench stated.
Police can question Kamra in Chennai
The court further directed that if the Mumbai Police wish to record Kamra’s statement, it must be done in Chennai, where he currently resides, and only after giving him prior notice. Kamra, in his petition, said he is a resident of Tamil Nadu and expressed concerns over travelling to Maharashtra, citing death threats he has been receiving since the controversy began.
The bench also clarified, “If during the pendency of the petition, a chargesheet is filed in the case by the police, the concerned court shall not proceed with the same.”
Last week, while reserving its order on the plea, the court had already granted Kamra temporary protection from arrest.
In his petition, Kamra sought the FIR to be quashed, arguing that even if the allegations are accepted as true, they do not amount to any criminal offence. He also requested the court to shield him from any coercive action, including arrest, seizure of his electronic devices, or scrutiny of his financial records.
The FIR was registered against Kamra for allegedly calling Shinde a “gaddar” (traitor) during a comedy show in Mumbai. Following the show, workers from Shinde’s faction of the Shiv Sena vandalised the studio where the performance had been recorded.
(With PTI inputs)
