In opting to move to the Bombay High Court to cancel an FIR registered against him for remarks made during his show Naya Bharat over a comment that referred to Maharashtra Deputy Chief Minister Eknath Shinde as a ‘gaddar’ (traitor), stand-up comedian Kunal Kamra is taking on the government. An FIR was lodged on the complaint of Shiv Sena MLA Murji Patel. In the FIR, Kamra’s legal team alleges that his Fundamental Rights Free Speech under Article 19 and Right to Life under Article 21 of the Indian Constitution have been violated.
According to the petition, which was reported to be filed on April 5, the comedian’s remarks fall in the ambit of satire and expression of art and should not be punishable by criminal liability. His counsel said Kamra has been willing to cooperate with the investigation, and on at least three such occasions, he made an offer to record a statement by video conferencing as he is not safe. However, the authorities have still been asking for his physical presence, a precedent directive by the Madras High Court in a similar situation and disregarding security risks.
“This is not a murder case. This is a stand up comedy show,” lawyer of Kamra argued in the court, “The insistence on physical appearance, despite safety concerns and several offers to cooperate remotely is unreasonable.”
A division bench of Justice SV Kotwal and Justice SM Modak took note of the arguments and issued notices to the Government of Maharashtra and the complainant to respond within four weeks from Monday. It also granted interim protection to Kamra till that date.
Kunal Kamra’s plea aims to quash the FIR on the grounds of the constitution and urges the authorities to let him perform freely and without the fear of criminal prosecution or any physical harm.
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