In a significant development concerning free speech and political satire, the Bombay High Court declared on Wednesday that “no vindictive action has been taken by the Maharashtra government against individuals for re-sharing or re-uploading comedian Kunal Kamra’s controversial video”. The video, which indirectly criticised Deputy Chief Minister Eknath Shinde by branding him as a “traitor”, has sparked widespread public debate.
Bombay High Court Addresses PIL Over Kunal Kamra Video
A division bench of Chief Justice Alok Aradhe and Justice M.S. Karnik made this crucial observation while disposing of a Public Interest Litigation (PIL) filed by Harshwardhan Khandekar, a 25-year-old law student. The petitioner raised concerns about government actions against both Kunal Kamra and the Mumbai hotel where the comedy show was recorded.
During the proceedings, the court questioned the relevance of the PIL, especially since Kunal Kamra himself had already approached the Bombay High Court to quash the FIR filed against him. The bench remarked, “The person aggrieved is before this court. He is not poor or illiterate. Why are you fighting his cause? He has taken action for relief.”
This clarification by the Bombay High Court reinforces that no additional persecution has been directed towards citizens merely for sharing Kamra’s video.
Kunal Kamra FIR: Court Reminds Interim Protection to the Comedian
Bombay High Court also referred to the fact that stand-up comedian Kunal Kamra has been granted protection from arrest in connection with the FIR filed against him at a police station in Mumbai. The FIR is for his remarks in his stand-up comedy, where Kamra had ridiculed Eknath Shinde’s political career, specifically referring to Shinde’s rebellion against then Chief Minister Uddhav Thackeray in June 2022.
Significantly, the comedian’s request for the quashing of the FIR has a hearing on April 16. Until then, the Bombay High Court’s assurance is temporary relief to Kamra and reflects the intervention of the judiciary in the enforcement of freedom of speech.
Government Response in Kunal Kamra Case
The government stand was clarified by Public Prosecutor Hiten Venegaonkar, who assured the Bombay High Court that the state has not even acted against those individuals who had shared or posted Kamra’s video on the internet. This remark was pertinent while the court granted the order rejecting the PIL because the main concern raised by the petitioner Khandekar was the danger to citizens due to disseminating the stand-up comedian’s material.
The Bombay High Court reaffirmed, “There have been no instances where state authorities have taken any vindictive action against any person who has shared the video made by Kunal Kamra”. This reaffirmation brings some respite to those who are battling for creative freedom and political satire.
Vandalism Case: Arrests and Police Response in Kunal Kamra Case
The second half of the controversy involved the destruction caused to the Mumbai studio where Kunal Kamra’s stand-up special had been filmed. The Bombay High Court had recognized that an FIR was filed for the crime and that the arrests were made. In particular, 12 employees of Shiv Sena were arrested for destroying the studio. These individuals were subsequently released on bail by a court in Mumbai.
This quick reaction of the police also supports the narrative that the police have acted within their lawful mandate and not due to political retribution.
Conclusion: Court Upholds Protection of Free Speech in Kunal Kamra Case
Bombay High Court rejection of the PIL against Kunal Kamra’s video is a confirmation of Free Speech in India. By taking the trouble to proclaim that retaliatory action has not been taken against citizens who have re-posted Kamra’s material, the court demonstrates that it is committed to upholding constitutional freedoms. As Kamra’s own petition is listed to be heard on April 16, attention turns now to the comedian’s battle in court against the FIR that could serve as a critical precedent for comedians, satirists and content creators all over the nation.