The Bombay High Court on Thursday (April 25) directed the Mumbai Police not to arrest stand-up comedian Kunal Kamra in connection with the FIR registered against him over a satirical video and the use of the word "gaddar" allegedly aimed at Maharashtra Deputy Chief Minister Eknath Shinde.

A division bench comprising Justices Sarang Kotwal and Shriram Modak also observed that if the police wished to record Kamra’s statement, they must visit Chennai—near Villupuram where he currently resides—and seek assistance from the local police.

The Court further instructed that if a chargesheet is filed during the pendency of the matter, the trial court should not take cognizance until further orders. A detailed order is yet to be made available.

The bench had reserved its judgment on April 16, after granting Kamra interim protection from arrest. The Court had noted that the police summons issued under Section 35(3) of the Bharatiya Nyaya Sanhita (BNSS) did not require Kamra's arrest.

Appearing for Kamra, Senior Advocate Navroz Seervai argued that the FIR infringed upon the comedian's fundamental right to free speech under Article 19(1)(a) of the Constitution. Seervai emphasized that the video in question was a piece of satire and did not attract any of the reasonable restrictions listed under Article 19(2).

"This is fundamentally a case about the freedom of speech of an artist—who happens to be a satirist and stand-up comedian. Even if the allegations are taken at face value, they do not constitute any offence,” Seervai submitted.

He further argued that invoking the machinery of criminal law in such cases was a way to stifle dissent and intimidate artists. He cited several landmark judgments, including Imran Pratapgadhi vs State of Gujarat (2025 LiveLaw (SC) 362) and Bhajan Singh, to reinforce that the use of state power to curb unpopular opinions was unconstitutional.

Seervai also pointed out procedural lapses in the filing of the FIR under Section 356(2) of the BNSS (Defamation), arguing that it was lodged hastily and without the application of mind. Notably, the Deputy CM—who was purportedly defamed—had not filed the complaint himself. Instead, it was registered by Shiv Sena MLA Muraji Patel and later transferred to the Khar Police Station in Mumbai.

The senior counsel contended that the satirical video did not incite violence or threaten public tranquility. He argued Kamra was merely commenting on the political split within the Shiv Sena—a matter of public record—and that several political leaders, including Ajit Pawar and Uddhav Thackeray, had similarly used the term "gaddar" without facing police action.

Despite Kamra receiving multiple death threats from Shiv Sena workers, the police insisted on his physical presence for questioning. “But a comedian is to be crushed, harassed, terrorised, victimised... A signal is being sent out to all artists—‘watch out, or we’ll use the police against you,’” Seervai asserted.

He also mentioned that Kamra’s show “Naya Bharat” covered a wide range of social and political themes, including critiques of the political class, billionaire elites, and patriarchy.

Opposing the petition, Chief Public Prosecutor Hiten Venegaonkar argued that Kamra’s content went beyond political satire and amounted to “malicious targeting.” According to the State, Article 19 does not protect speech that crosses into personal attacks.

"When a stand-up comedian puts up content, it must fall within the tenor of humorous criticism. Targeting an individual specifically, under the guise of satire, is not protected,” Venegaonkar argued.

He further submitted that Kamra’s jokes were intended to lower the Deputy CM’s dignity, and that Article 21—which guarantees the right to a dignified life—also applies to public figures. “You can’t strip someone of their dignity and then claim only the speaker’s rights matter,” he said.

Addressing the threats Kamra received, the Prosecutor assured the Court that the State was committed to protecting all individuals.

Background

Kamra, who now resides in Tamil Nadu, had earlier been granted interim anticipatory bail in the matter. The Zero FIR—filed under Sections 353(1)(b), 353(2) [Public Mischief], and 356(2) [Defamation] of the BNSS—was registered by Shiv Sena MLA Muraji Patel, after which it was transferred to the Khar Police Station.

Although Kamra did not mention Eknath Shinde by name, Shiv Sena workers alleged the term “gaddar” was directed at him in reference to his breakaway from the Shiv Sena. In protest, several Shiv Sena members vandalised Mumbai’s Habitat Studio, where Kamra had performed. Twelve individuals were arrested for the incident and later released on bail.

Kamra has since claimed he continues to receive death threats for his performance.