Kunal Kamra Moves Court: Bombay HC Issues Notice in Free Speech Case

New Delhi : The Bombay High Court has issued notices to the Mumbai Police and Shiv Sena MLA Murji Patel in response to a plea filed by stand-up comedian Kunal Kamra, who is seeking to quash the First Information Report (FIR) registered against him over remarks allegedly made against Maharashtra Deputy Chief Minister Mumbai Police during a comedy performance.

The controversy stems from a complaint lodged by Murji Patel, which resulted in the Khar Police filing an FIR against Kamra last month. The FIR accuses Kamra of calling Deputy CM Shinde a “traitor” during a stand-up act, which Patel claimed was derogatory and offensive. The complaint alleged that the remark incited hatred and was intended to provoke public unrest, particularly in the politically sensitive state of Maharashtra.

Hearing Kamra’s plea on Monday, a division bench of Justices Sarang Kotwal and S M Modak directed the Mumbai Police and MLA Murji Patel to take instructions and file their replies to the petition. The matter has been scheduled for further hearing on April 16, 2025.

In his petition, Kamra has challenged the FIR on grounds of freedom of speech and expression, arguing that his remark was part of a satirical performance, protected under Article 19(1)(a) of the Indian Constitution. His legal team argued that the alleged comment did not incite violence or create public disorder and therefore did not warrant criminal prosecution.

The FIR was filed under various sections of the Indian Penal Code, including Section 124A (sedition), 153 (wantonly giving provocation with intent to cause riot), and 500 (defamation). Kamra’s plea contends that these charges are excessive and misapplied in the context of a comedy show, which was performed before a private audience and not in a public or politically charged forum.

The case has sparked debate on social media and among legal circles regarding the limits of free speech and artistic expression in India, particularly when political figures are subjects of satire.

Supporters of Kamra have called the FIR an attempt to muzzle dissent and silence critics through legal intimidation, while his detractors argue that comedians should exercise restraint when referencing elected representatives.