The Madras High Court on Friday granted interim anticipatory bail to stand-up comedian Kunal Kamra until April 7 in connection with a criminal case registered in Mumbai over his remarks allegedly insulting Maharashtra Deputy Chief Minister Eknath Shinde.
Justice Sunder Mohan, who presided over the case, noted that Kamra faced credible threats of violence from political party workers, preventing him from seeking legal protection in Maharashtra. “Petitioner has prima facie satisfied this court that he is unable to approach courts in Maharashtra for protection. Petitioner has produced newspaper reports (of threats being issued to him),” the Court observed.
Kamra had sought transit anticipatory bail since the FIR was lodged in Mumbai, whereas he resides in Villupuram, Tamil Nadu. Such bail allows a person to seek pre-arrest protection in their home state before approaching the appropriate court in the state where the case has been filed.
The case stems from a parody song Kamra performed during a stand-up show, where he referenced a ‘gaddar’ (traitor). The term was interpreted as an allusion to Eknath Shinde, who broke away from the Shiv Sena, leading to a political shift in Maharashtra. Based on a complaint by Shiv Sena MLA Muraji Patel, Kamra was charged under Sections 353(1)(b), 353(2) (public mischief), and 356(2) (defamation) of the Indian Penal Code.
During the hearing, Kamra’s counsel defended his performance as satire, emphasizing that he did not mention any individual by name. He cited the Supreme Court’s ruling in Imran Pratapgarhi’s case, affirming that satire and parody fall under protected free speech. “No one has been named, he (Kamra) has talked about many persons. Parody is part of satire … Supreme Court has said satire, parody is part of accepted speech,” his lawyer argued.
The counsel also raised concerns over threats from ruling party members and their supporters in Maharashtra. “Real threats are being given… Ruling Party Ministers are on record. More than 500 people… They say they will ‘teach them in Shiv Sena style’. What is ‘Shiv Sena style’ is common knowledge,” he submitted, referring to past instances of political violence.
Kamra, known for his outspoken views, reiterated his commitment to constitutional values. “I have always said I believe in the Constitution … He really requires protection of this court,” his counsel argued while urging interim relief until Kamra could approach Maharashtra courts.
The court, acknowledging these concerns, granted Kamra interim protection, allowing him time to seek further legal remedies.