Madras High Court grants interim anticipatory bail to Kunal Kamra
His counsel argued that the charges were baseless and intended to “harass, intimidate, and censor” his right to free expression
The Madras High Court on Friday (March 28) granted stand-up comedian Kunal Kamra interim anticipatory bail on the condition that he executes a bond before a judicial magistrate, offering him temporary reprieve as he faces legal heat in Maharashtra over controversial remarks targeting Deputy Chief Minister Eknath Shinde. The court also issued a notice returnable by April 7.
The controversy ignited following Kamra’s latest stand-up special, “Naya Bharat,” performed at Mumbai’s Habitat Comedy Club and uploaded to YouTube, where it has racked up over 6.7 million views. In the show, Kamra parodied a popular Hindi film song, subtly branding an unnamed politician a “gaddar” (traitor)—a jab widely seen as directed at Shinde, who broke away from the Shiv Sena in 2022 to join hands with the BJP.
Also read: Kunal Kamra: The stand-up comedian, satirist, and the man who won’t shut up
Escalating legal troubles
The remarks triggered a fierce backlash from Shinde’s supporters, culminating in a violent attack on the Habitat studio by the Shiv Sena workers on March 23. The assault left furniture smashed and property damaged, with 12 individuals, including party functionary Rahul Kanal, arrested and later released on bail.
Kamra’s legal troubles escalated when Shiv Sena MLA Murji Patel filed an FIR with the Mumbai police, accusing him of defamation and public mischief under Sections 353(1)(b), 353(2), and 356(2) of the Bharatiya Nyaya Sanhita (BNS). The Khar police issued summons on March 25 and March 27, denying Kamra’s request for a seven-day extension.
Fearing arrest while traveling to Mumbai, where he is due for questioning by March 31, Kamra approached the Madras High Court. Represented by counsel V Suresh, he argued that the charges were baseless and intended to “harass, intimidate, and censor” his right to free expression while affirming his willingness to cooperate with the investigation.
Counsel flags safety concerns
Justice Sundar Mohan, hearing the urgent plea, issued a notice returnable in April and granted interim anticipatory bail, stipulating that Kamra must execute a bond before a judicial magistrate to secure his protection.
Also read: Kunal Kamra says he won’t apologise for joke on Shinde, says ‘don’t fear this mob’
The ruling aligns with a Supreme Court decision on the same day, which quashed an FIR against Congress MP Imran Pratapgarhi and underscored the value of satire, noting that “satire and art make human beings more meaningful.” Kamra’s counsel highlighted the comedian’s receipt of over 500 threatening calls since the controversy erupted, amplifying concerns over his safety.
Kamra’s counsel also pressed for sufficient time to seek relief from Maharashtra courts, urging interim protection until then to shield the comedian from immediate arrest. Justice Sundar Mohan issued a notice returnable by April 7 and granted interim anticipatory bail until that date, observing that the petitioner had prima facie satisfied the court of his inability to approach Maharashtra courts for protection.
No need for custodial interrogation
The judge recorded the counsel’s submission that the case does not necessitate custodial interrogation and noted Kamra’s predicament: threats from Shiv Sena party workers and ministers in Maharashtra have rendered it untenable for him to seek relief there. Consequently, the court deemed interim anticipatory bail necessary to enable Kamra to pursue legal recourse in Maharashtra at a later stage, balancing his safety with the ongoing investigation.
Also read: Police should not test our patience, arrest Kamra soon: Maharashtra minister
The fallout has reverberated politically, with the Maharashtra Legislative Council accepting a breach of privilege notice against Kamra and Shiv Sena (UBT) leader Sushma Andhare. Shiv Sena leaders, including state tourism minister Shambhuraj Desai, have pressed for swift police action, warning against testing party workers’ patience, while Uddhav Thackeray slammed the ruling coalition’s alleged double standards.