Kunal Kamra-Eknath Shinde row: Continue probe but don’t arrest him, says Bombay HC on comedian’s plea against FIR

The Bombay High Court on Friday allowed police to continue investigating stand-up comedian Kunal Kamra over his alleged “traitor” remarks against Maharashtra Deputy Chief Minister Eknath Shinde, but said he shall not be arrested, PTI reported.

A bench of Justices Sarang Kotwal and S M Modak admitted Kunal Kamra's petition seeking to quash the FIR filed at the Khar police station for the alleged ‘traitor’ jibe, made during a stand-up comedy show in Mumbai last month.

This means Kunal Kamra's petition will be heard at length later.

As interim relief, the court stated that Kamra shall not be arrested while the petition is pending. “Investigation can continue. The petitioner (Kamra) shall not be arrested during the pendency of the petition,” the bench said.

It said that if the police intend to record Kamra's statement, they shall do so in Chennai, where he currently resides, after providing him prior notice. 

The court ordered, “If during the pendency of the petition, a chargesheet is filed in the case by the police, the concerned court shall not proceed with the same.”

Kunal Kamra's plea in Bombay High Court

Kamra's lawyer had requested the court to permit the comedian to participate in the proceedings via video conferencing, citing the death threats he received.

 In his plea, he stated that he was a resident of Tamil Nadu and was worried about coming to Maharashtra. 

“My client is facing death threats, he has approached police thrice to record statements via video conference, but they (police officials) are insisting on his physical presence. We request that Kamra appearing through video conference should be considered,” news agency IANS had quoted the lawyer as saying.

In his petition, Kamra stated that the allegations, even if taken at face value, do not amount to an offence. He also requested the HC to protect him from any coercive action, comprising arrest, confiscation of his electronic devices and scrutiny of his financial transactions and accounts. 

While reserving its order on the plea, the court had last week allowed the comedian interim protection from arrest.

The comedian had earlier received anticipatory bail from the Madras High Court.

(With inputs from agencies)