Shinde jibe row: Kunal Kamra moves HC seeking cancellation of FIR

Mumbai:  Stand-up comedian Kunal Kamra has approached the Bombay High Court with a plea seeking the cancellation of FIR registered against him for referring to Shiv Sena president and Deputy Chief Minister Eknath Shinde as a “traitor (gaddar)” in his show.

Kamra, in his petition, has argued that the cases infringe upon his fundamental right to freedom of expression under Article 19 and the right to life under Article 21 of the Constitution. The high court is likely to hear Kamra’s petition on April 21.

Kamra’s move to file a petition in the Bombay High Court comes days after the Madras High Court granted him interim protection from arrest till April 7. He has skipped three summons from the Mumbai Police so far.

Kamra hit the headlines a fortnight ago after he sang a parody of ‘Bholi Si Surat’, a popular song from the Bollywood movie ‘Dil To Pagal Hai’ while referring to Dy CM Shinde as gaddar. After Shinde staged a rebellion in June 2022, the Shiv Sena split, toppling the Uddhav Thackeray-led government in Maharashtra. Since then, Thackeray and his son Aditya have been using “gaddar” against Shinde.

Kamra’s reference to Dy CM Shinde led to angry protests by the Shiv Sena, who vandalised the studio where the shooting of his show took place. The state legislature witnessed an uproar on this issue after the Mahayuti alliance members deplored Kamra’s move to target Dy CM Shinde, demanding his apology.

Shiv Sena activists threatened Kamra to teach him a lesson. Chief Minister Devendra Fadnavis also assured stern action against Kunal Kamra and said the government will not tolerate any attempt to undermine the Constitution and freedom of speech. He made it clear that the Freedom of Speech should be well within the Constitution and if someone tries to cross that, it will not be tolerated.

A breach of privilege notice was moved against Kunal Kamra in the Maharashtra Legislative Council during the recently concluded budget session. “Kunal Kamra performed a song containing personal and insulting references to deputy Chief Minister Eknath Shinde,” said BJP legislator Pravin Darekar.

Dy CM Shinde, on the vandalism of the studio by Shiv Sena activists, said, “I do not support vandalism. We should also see to what level the other person stoops while making allegations. Action has a reaction. I am sensitive. I have a lot of strength to bear. I do not talk to anyone. I stay calm, work, keep my focus on work and give justice to people. That is why we have achieved such a major success.” He accused Kamra of making a statement against him by taking a ‘supari (contract)’.

However, Kama said he would not apologise for his comment, saying, “I don’t fear this mob, and I will not be hiding under my bed, waiting for this to die down.”

In his post X, Kamra said, “I will not apologise. What I said is exactly what Mr Ajit Pawar (first Dy CM) said about Eknath Shinde (second Dy CM). To the political elders threatening to teach me a lesson, our right to freedom of speech and expression is not only to be used to fawn over the powerful and rich even though today’s media would have us believe otherwise. Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system.”

Thereafter, he also criticised the Mumbai Police’s move to serve notices to a man in the audience who attended his show to record their statements.

–IANS