The Bombay High Court on Friday granted protection from arrest to comedian Kunal Kamra in relation to an FIR filed against him for making an allegedly objectionable joke about Maharashtra Deputy Chief Minister Eknath Shinde during a stand-up show.

The court admitted Kamra’s plea to quash the FIR and ruled that he cannot be arrested while the petition is pending. However, the investigation will continue, and the police may record his statement in Chennai, with sufficient notice, instead of Mumbai for his security. If a chargesheet is filed during the petition’s pendency, the trial court has been instructed not to proceed against him.

The protection follows earlier orders from both the Bombay and Madras High Courts, which had temporarily shielded Kamra from arrest. The case arose after Shiv Sena MLA Murji Patel filed a complaint, leading to Kamra’s booking under various sections of the Bharatiya Nyaya Sanhita (BNS) for statements promoting public mischief and defamation.

A division bench of Justices Sarang V Kotwal and Shriram M Modak said Kamra’s case raised serious questions about freedom of speech under Article 19(1)(a), warranting thorough judicial consideration. They noted that since a formal notice was already served to Kamra under the BNSS, arrest was unnecessary for the investigation to continue.

The court emphasized that it would not completely stay the ongoing investigation, particularly since Kamra had expressed willingness to cooperate by giving a statement. They also acknowledged Kamra’s claims of receiving death threats in Mumbai and Maharashtra and ordered that his security concerns be addressed by recording his statement elsewhere.

Earlier, Kamra’s senior advocate Navroz Seervai had argued that the FIR lacked merit and appeared politically motivated, citing studio vandalism by alleged Shiv Sena supporters after Kamra’s show video was posted online.

The Public Prosecutor Hiten Venegaonkar, representing the state, opposed Kamra’s plea, arguing that the comments were a malicious personal attack on a public official rather than legitimate political satire, and the investigation needed to continue to uncover the full facts.

The Bombay High Court on Friday granted protection from arrest to comedian Kunal Kamra in relation to an FIR filed against him for making an allegedly objectionable joke about Maharashtra Deputy Chief Minister Eknath Shinde during a stand-up show.

The court admitted Kamra’s plea to quash the FIR and ruled that he cannot be arrested while the petition is pending. However, the investigation will continue, and the police may record his statement in Chennai, with sufficient notice, instead of Mumbai for his security. If a chargesheet is filed during the petition’s pendency, the trial court has been instructed not to proceed against him.

The protection follows earlier orders from both the Bombay and Madras High Courts, which had temporarily shielded Kamra from arrest. The case arose after Shiv Sena MLA Murji Patel filed a complaint, leading to Kamra’s booking under various sections of the Bharatiya Nyaya Sanhita (BNS) for statements promoting public mischief and defamation.

A division bench of Justices Sarang V Kotwal and Shriram M Modak said Kamra’s case raised serious questions about freedom of speech under Article 19(1)(a), warranting thorough judicial consideration. They noted that since a formal notice was already served to Kamra under the BNSS, arrest was unnecessary for the investigation to continue.

The court emphasized that it would not completely stay the ongoing investigation, particularly since Kamra had expressed willingness to cooperate by giving a statement. They also acknowledged Kamra’s claims of receiving death threats in Mumbai and Maharashtra and ordered that his security concerns be addressed by recording his statement elsewhere.

Earlier, Kamra’s senior advocate Navroz Seervai had argued that the FIR lacked merit and appeared politically motivated, citing studio vandalism by alleged Shiv Sena supporters after Kamra’s show video was posted online.

The Public Prosecutor Hiten Venegaonkar, representing the state, opposed Kamra’s plea, arguing that the comments were a malicious personal attack on a public official rather than legitimate political satire, and the investigation needed to continue to uncover the full facts.