No vindictive action against citizens reposting, sharing Kunal Kamra’s videos or re-singing songs: Maha Govt to HC

A bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik disposed of the criminal Public Interest Litigation (PIL) by city-based law student Harshavardhan Khandekar seeking that Kamra’s act be protected under Article 19 (1) ( a) (right to freedom of speech and expression) of the Constitution. Khandekar also sought that no FIR should be registered against people who shared, reposted, re-sung or did any act in connection with Kamra’s video. He also sought no coercive action against Kamra.

Appearing for the Maharashtra Government, Public Prosecutor Hiten Venegaonkar opposed the PIL, and said there was not a single instance where the state has taken any vindictive action against any person who has reposted videos or re-sung the concerned songs. Venegaonkar added that an FIR has also been lodged in respect of an instance of vandalisation of the Habitat Studio in Khar (West) where Kamra had performed.

The bench said it was not inclined to hear the PIL after being informed that Kamra was granted interim anticipatory bail by the Madras High Court and the same had been extended. The bench was also informed that another division bench of the Bombay High Court led by Justice S V Kotwal had entertained Kamra’s petition seeking quashing of an FIR against him, and issued notice Tuesday to state government and the complainant.

“Person aggrieved (Kamra) is seeking relief (before the courts). He is not poor or illiterate and why are you fighting his cause? We are not inclined to entertain at your instance,” the bench orally remarked to the petitioner.

“In view of the aforesaid, we are not inclined to entertain the PIL at this stage. Same is disposed of with liberty to the petitioner to take appropriate remedy or recourse if any such occasion arises in future,” the Bombay High Court noted in the order.

On March 24, the MIDC police booked Kamra for offences punishable under sections 353(1)(b) and 353(2) (statements conducing to public mischief), along with 356(2) (defamation) of the Bharatiya Nyaya Sanhita (BNS), after Shiv Sena MLA Murji Patel filed a complaint against him. The Zero FIR was later transferred to the Khar police.

Patel complained that Kamra, during a stand-up comedy show, defamed Eknath Shinde by making derogatory statements about his moral conduct.