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Kunal Kamra ‘gaddar’ case: Bombay HC directs police to not arrest the comedian till it pronounces order

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Kunal Kamra ‘gaddar’ case: Bombay HC directs police to not arrest the comedian till it pronounces order


The Bombay High Court while reserving its order on Kunal Kamra‘s plea against FIR over his ‘gaddar’ jibe against Maharashtra Deputy CM Eknath Shinde said the comedian cannot be arrested by police till then.

The petition, reportedly filed on April 5, challenges the FIR on constitutional grounds, arguing it violates Kamra’s fundamental rights under Articles 19 and 21, namely, freedom of expression and the right to life. A division bench comprising Justice SV Kotwal and Justice SM Modak will hear the matter.

Kamra’s legal representatives contend that his satirical performance, part of his show ‘Naya Bharat’, is protected speech and should not attract criminal prosecution.

Kamra’s counsel stated that this is not a murder case but a matter stemming from a comedy show and further emphasised that if the authorities intend to file an affidavit, they must serve a notice before April 16.

On Monday, the ticketing platform, BookMyShow, issued a statement about how the platform “facilitates the sale of tickets” and operates the business with “neutrality and in compliance with the applicable laws of India”

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This statement came after stand-up comedian Kunal Kamra asked the ticketing platform not to “delist” him or alternatively provide him with the contact information he has “generated through your platform from my audience.Earlier, Yuva Shiv Sena General Secretary Rahool N Kanal had formally written to BookMyShow, urging the ticketing platform to refrain from facilitating ticket sales for comedian Kunal Kamra’s upcoming shows.The letter, dated April 2, highlighted concerns over Kamra’s controversial content and its potential impact on public sentiment.

The Madras High Court on Monday extended the interim protection from arrest granted to stand-up comedian Kunal Kamra till April 17.

Last month, Kunal approached the Madras High Court to seek transit anticipatory bail, claiming he had received many threats following his satirical comments during his show at Mumbai’s Habitat Studio.

The comic sang a parody of ‘Bholi Si Surat’, a popular song from the Bollywood movie ‘Dil To Pagal Hai’. With this parody song, he allegedly targeted Maharashtra Deputy Chief Minister Eknath Shinde, leading to multiple FIRs against him.

Following the controversy, Eknath Shinde’s Shiv Sena youth group, Yuva Sena, vandalised the Habitat comedy venue where the show was filmed.

The comedian, who has had several run-ins with the BJP-led Centre, has refused to apologise for his remark against Shinde. However, he has said that he would cooperate with the police.

Kunal also replied to political leaders, “threatening” him to teach a lesson in his official statement.

Kamra stated that the ‘inability to take a joke at the expense of a powerful public figure does not change’ the nature of his right.

He added that it is not against the law as far as his knowledge.”Our right to freedom of speech and expression is not only to be used to fawn over the powerful and rich, even though today’s media would have us believe otherwise. Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system”, his statement continued.



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