Bombay HC to hear tomorrow Kunal Kamra’s plea seeking quashing of FIR: ‘chilling effect on political speech in country’, says petition

Senior advocate Navroz Seervai assisted by advocate Ashwin Thool, appearing for Kamra, mentioned the plea before the high court on Monday morning and sought an urgent hearing, citing threats issued to the petitioner by political workers.

While the matter was originally listed to be heard on April 21, a bench of Justices Sarang V Kotwal and Shriram M Modak said they will consider the plea on April 8, Tuesday. The Madras High Court had granted interim anticipatory bail to Kamra till April 7.

Kamra claimed that despite the threats issued to him, the police denied his request to appear in response to summons via videoconferencing.

The standup comic did not appear before the Mumbai police on Saturday despite being summoned for the third time in connection with the case.

Seervai submitted that it was a matter of extreme urgency and concern and infringement of fundamental rights of the petitioner and even the Madras High Court had taken cognisance of the death threats issued to Kamra.

“The situation is grave,” he argued, saying that there are reports that the Mumbai police have reached near Pondicherry where Kamra has been residing.

The Justice Kotwal-led bench suggested that the petitioner could consider filing a regular anticipatory bail plea before an appropriate court to seek urgent relief. “We will consider this petition independently, but you also consider the other route,” the judge said.

Kamra’s lawyer said he will consider the same. However, he sought urgent hearing of the petition seeking quashing of the FIR and also sought a stay on the proceedings arising out of the said FIR. The bench agreed to list the petition for hearing on Tuesday.

Kamra submitted before the Bombay High Court that the FIR was registered with “malafide” intent and there was a “gross abuse of power” by the politically motivated members of Shinde-led Shiv Sena, which is part of the ruling dispensation in the state and the same was reflected in the vandalism of the studio by certain politically affiliated persons pursuant to uploading of the video.

The plea also questioned how the FIR was registered within merely 70 minutes of the complaint, and said that the police “completely disregarded the procedure of preliminary enquiry” before registering the FIR.

Terming the FIR “perverse”, Kamra said his team members and members of the audience who watched his performance were also summoned, which was unwarranted.

“The registration of the FIR and ensuing investigation has also had a profound and chilling effect on all political speech in the country, as all citizens are presented with the possibility of the weaponisation of the criminal justice system in response to all commentary and criticism against political leaders and those in positions of authority,” Kamra’s plea filed advocate Meenaz Kakalia stated.

He also submitted that the action was violative of his fundamental rights guaranteed under Articles 19 (1) (a) (Right to freedom of speech and expression), 19 (1) (g) (Right to practice any profession and business) and 21 (Right to life and personal liberty) under the Constitution.

He had submitted before the Madras High Court that the complaint against him was politically motivated, and the vandalism that happened pursuant to uploading of the video by certain politically affiliated persons shows the malicious nature of the complaint based on which FIR was registered.

After Shiv Sena MLA Murji Patel filed a complaint, the MIDC police booked Kamra on March 24 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). They later transferred the Zero FIR to Khar police.

Patel had complained that Kamra, during a stand-up comedy show at Habitat Studio in Unicontinental Hotel, Khar, defamed Shinde by making derogatory statements about his moral conduct. Kamra allegedly directed a jibe at Shinde, referring to him as a “gaddar (traitor)”. He claimed that “Kamra also created hatred between two political parties by tarnishing the sentiments of our party and our rival political parties towards each other.”