The Bombay High Court on Wednesday heard stand-up comedian Kunal Kamra’s plea seeking to quash an FIR filed against him over a parody song allegedly targeting Maharashtra Deputy Chief Minister Eknath Shinde.

During the hearing, Kamra’s counsel strongly criticised the police's actions, calling them "mechanical" and indicative of misuse of legal machinery to curb free speech.

Senior Advocate Navroz Seervai, representing Kamra, argued that the case belongs to the “rarest of rare” category, as it reflects a clear attempt to suppress constitutionally protected speech under Article 19(1)(a). He urged the court to completely stay the investigation, citing past Supreme Court rulings that have consistently rejected such “illegal and improper censorship attempts.”

“Seventy-five years into our Republic, we cannot be so insecure in our democratic values that the recital of a poem or any form of artistic expression, including stand-up comedy, is deemed capable of inciting hatred or animosity,” Seervai told the court.

He further questioned the police's procedure, pointing out that no preliminary enquiry was conducted to establish whether any offence had been committed. Highlighting the harassment Kamra allegedly faced, Seervai noted that despite threats to Kamra’s safety, he was repeatedly summoned—three times—requiring physical presence. He also mentioned the emotional toll on Kamra’s elderly parents, referring to an earlier order by the Madras High Court granting interim relief in light of such threats.

“This shows that even after 75 years of constitutional democracy, our enforcement agencies either remain ignorant of or indifferent to fundamental rights,” Seervai remarked.

In response, public prosecutor Hiten Venegaonkar opposed the plea, asserting that artists and comedians must not single out individuals and should remain open to criticism themselves.

After hearing both sides, the Bombay High Court reserved its order and clarified that Kunal Kamra would not be arrested until the verdict is delivered.