Stand-up comic Kunal Kamra has approached the Bombay High Court to quash the first information report (FIR) registered against him in Mumbai for his remarks allegedly insulting Maharashtra Deputy Chief Minister Eknath Shinde..A Bench of Justice Sarang Kotwal and Justice SM Modak on Monday allowed Kamra's request for urgent hearing and said it will list the case for Tuesday.The Madras High Court had earlier granted interim anticipatory bail to Kamra in the matter after noting that he was unable to approach courts in Maharashtra due to threats of physical violence against him by political party workers.The interim order protecting him from arrest is extended till April 17.Kamra, in a stand-up show titled 'Naya Bharat, had sung a parody song in which a reference was made to a 'gaddar' (traitor), which was taken to denote Deputy CM Eknath Shinde. The reference is said to allude to Shinde's decision to quit the once-united Shiv Sena party led by Uddhav Thackeray and join hands with the Bharatiya Janata Party (BJP).Shinde's action had led to a split in the Shiv Sena, with the Shinde faction of the Shiv Sena eventually rising to power in the State, through a coalition with the BJP.Kamra was booked for offences under Sections 353(1)(b), 353(2) (public mischief) and 356(2) (defamation) of the Bhartiya Nyaya Sanhita (BNS) based on a complaint filed by Shiv Sena legislator Muraji Patel.The FIR against Kamra was lodged in Mumbai though Kamra is a resident of Villuparam in Tamil Nadu..According to Kamra's petition, the FIR lodged at Khar Police Station on March 24 was filed without adhering to the proper legal process and constitutes a direct attack on his constitutional right to free speech.The FIR was registered just 70 minutes after the complainant received information about Kamra’s performance, a time frame Kamra's petition describes as "alarming" and indicative of "mechanical conduct and non-application of mind" by the police. One of the key allegations in the petition is the police’s failure to conduct a "preliminary enquiry as provided under Section 173(3) of the BNSS" before the FIR was registered. Despite the alleged offences being punishable with less than seven years, the police rushed to register the FIR without taking the necessary procedural steps, it has been contended..The plea also raises Kamra's concerns over the insistence on his physical presence at the police station for questioning, despite a clear and present danger to his safety. Kamra had received multiple threats, including death threats, over calls, emails, and videos circulating online. Nevertheless, the police have insisted on his physical presence despite his requests for video conferencing.The petition also mentions the harassment of audience members from the "Naya Bharat" show, as the police allegedly issued summons to them as well..The venue of the show as vandalised and the police were present during the vandalism and despite this, no action was taken to prevent it, he has alleged. Moreover, he received over 500 emails and voice messages threatening death and other dire consequences."Adding to his distress, Kamra was told that his "call records and bank statements will be investigated" by the Maharashtra Minister of State (Home). Kamra also received a "legal notice from Shiv Sena", demanding the removal of his video and an undertaking not to make similar comments in the future. Kamra argues that the FIR lacks legal merit, particularly under Section 356(2) of the BNSS, which mandates that defamation cases can be initiated through a private complaint made by the person actually aggrieved by the offence and not a third party. .In this case, Eknath Shinde has not claimed that he is personally aggrieved and the FIR has been lodged at the instance of someone else. The petition further asserts that even if the allegations in the FIR were taken at face value, they would not constitute a cognizable offense under Sections 353(1)(b) and 353(2) of the BNSS. Specifically, Kamra argues that his speech "was not false nor did it amount to a rumour" and that there was no intent to cause fear or alarm to the public.Regarding the charge under Section 353(2) of the BNSS, the petition emphasised that Kamra’s comments were satirical and intended to ridicule and criticize events in relation to the split of the Shiv Sena. .It does not promote enmity, hatred or ill will between any groups, Kamra has argued.
