HC grants relief to Kunal Kamra, says probe can continue without arrest

Mumbai: The Bombay High Court on Friday ruled that the police investigation into comedian Kunal Kamra's alleged remarks about Maharashtra Deputy Chief Minister Eknath Shinde may proceed, but the comedian shall not be arrested.

A bench comprising Justices Sarang Kotwal and S.M. Modak, while admitting Kamra's petition, stated the need to address "larger" and "serious" issues concerning restrictions on freedom of speech.

However, the court declined to impose a complete stay on the investigation into the case, which was registered at the Khar police station.

"The investigation can continue, however, it is not necessary to arrest the petitioner," the court said.

The court noted that if the police file the chargesheet in the case during the pendency of the petition, the trial court shall not take cognisance of it.

The court further stated that Kunal Kamra's statement could be recorded in Chennai, as the comedian has been receiving death threats following his show in Mumbai. Kamra is currently residing in Tamil Nadu.

In its order, the bench noted that the police had issued Kamra a notice under Section 35(3) of the Bharatiya Nyaya Suraksha Sanhita (BNSS). This section mandates that in cases where an arrest is not required, the police must issue a notice to the individual, directing them to appear and provide their statement.

Kamra has sought the quashing of an FIR registered against him for allegedly making defamatory remarks against Shinde.

The comedian, in the petition, stated that the allegations, even if taken at face value, do not constitute an offence.

He also sought the HC to protect him from any coercive action, including arrest, seizure of his electronic devices and examination of his financial transactions and accounts.

He claimed that the police action against him was an "illegal censorship" of a stand-up comedy show.

He had said if such FIRs were allowed to continue, it would have a "chilling effect" on the right to freedom of speech.

Public prosecutor Hiten Venegaonkar had opposed the plea, arguing that the comedian's remarks were not only in bad taste but also a direct personal attack on a person who is the deputy chief minister of Maharashtra.

(inputs from PTI)