Remarks on Eknath Shinde: Bombay HC issues notice to State, complainant on Kunal Kamra’s plea seeking to quash FIR; to hear plea on April 16

The court was informed that the Madras High Court has extended interim protection from arrest to Kamra till April 17.

Senior Advocate Navroz Seervai, for Kamra, submitted that his client has been cooperating with the probe and “offered to give a statement over video conferencing in light of the danger he genuinely faces, including actual death threats which were recognised by Madras HC”, however the Mumbai police authorities were not keen to record his statement through video conferencing.

Seervai sought that the court may consider asking the authorities to record Kamra’s statement through video conferencing mode and not insist on his physical presence. The state government lawyer sought time to take instructions from the officials concerned to respond to the plea.

The bench of Justices Sarang V Kotwal and Shriram M Modak said it will consider Kamra’s apprehensions during the next hearing on April 16.

Kamra, in his plea, submitted that the FIR was registered with “malafide” intent and that 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 70 minutes of the complaint, and stated that the police “completely disregarded the procedure of preliminary enquiry” before registering the FIR.

“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 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.

After Shiv Sena MLA Murji Patel filed a complaint, the MIDC police in Mumbai 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.