The Bombay High Court on Wednesday granted interim protection from arrest to stand-up comedian Kunal Kamra in connection with a case registered by Khar police over alleged remarks made during a comedy show. A bench of Justice Sarang Kotwal and Justice Shriram Modak passed the interim order while reserving its decision on Kamra's petition seeking to quash the FIR filed against him. "In the meantime, as agreed by the learned public prosecutor, summons were issued under Section 35 of the Bharatiya Nagarik Surakshan Sanhita (BNSS), which specifically refers to cases where arrest is not required. Therefore, the question of arresting the petitioner in this FIR does not arise. The matter is reserved for orders. Till then, the petitioner shall not be arrested," the court said as quoted by Bar and Bench
The FIR was originally registered as a zero FIR by Shiv Sena MLA Murji Patel under charges of public mischief and defamation. It was later transferred to Khar police.
Kamra's remark was made during his stand-up show 'Naya Bharat,' where he allegedly referred to Shinde as a "gaddar," criticizing the deputy CM's defection from Uddhav Thackeray's Shiv Sena to join the BJP. This led to a split in the party and the rise of Shinde’s faction to power through an alliance with the BJP.
Kamra has challenged the FIR, stating that he did not name Maharashtra Deputy Chief Minister Eknath Shinde directly during his performance, although Shiv Sena workers claimed he referred to Shinde as a "traitor" in connection with the party split.
Following the comment, a group of Shiv Sena workers vandalised Mumbai’s Habitat Studio where Kamra had performed. Twelve individuals were arrested in connection with the vandalism and were later released on bail.
Earlier, the court had issued notices to the Mumbai Police and MLA Patel in response to Kamra’s petition and granted him interim protection from arrest until April 16.