Madras High Court grants interim anticipatory bail to Kunal Kamra

The Madras High Court on Friday granted interim anticipatory bail till April 7 to stand-up comic Kunal Kamra in connection with a criminal case registered against him in Mumbai for remarks that allegedly insulted Maharashtra Deputy Chief Minister Eknath Shinde..Justice Sunder Mohan passed the order after noting that Kamra is unable to approach courts in Maharashtra due to threats of physical violence against him by political party workers."Petitioner (Kunal Kamra) 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 said while allowing interim anticipatory bail..The order was passed after hearing Kamra's counsel who said that satire is protected as part of free speech and that he had not named an individual in his show.The counsel also highlighted open threats of physical harm issued by Shiv Sena party workers and followers of the Deputy CM. Kamra, in a stand-up show, 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 Bharatiya 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 Villupuram in Tamil Nadu.He then approached the Madras High Court seeking transit anticipatory bail.Transit anticipatory bail refers to the grant of pre-arrest bail in the home State of a person, when an FIR is lodged in some other State..During the hearing today, Kamra's counsel contended that the standup comedian had not specifically named anyone in his show.Further, he highlighted the Supreme Court judgment in Imran Pratapgarhi's case, in which the top court said that satire and parody are part of 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," it was submitted.He further highlighted that ruling part cadres and even a minister in Maharashtra has threatened Kamra."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. The people who vandalised the hotel - no serious action taken, they are let out on bail. This is the type of threat I am facing," it was submitted.It was further argued that Kamra has always maintained that he believes in the Constitution of India. His counsel proceeded to urge the Court to grant Kamra interim protection until he may approach courts in Maharashtra for relief. "I have always said I believe in the Constitution ... He really requires protection of this court," it was argued..[Read Live Coverage]