MUMBAI: Standup comedian Kunal Kamra, 36, has moved the Madras High Court seeking transit anticipatory bail amid a political controversy surrounding his remarks about Maharashtra Deputy Chief Minister Eknath Shinde. Kamra's petition, filed late Thursday night via the e-filing system, aims to protect him from arrest in connection with an FIR alleging that he made disparaging comments during his show.
Kamra's counsel, V Suresh, mentioned the petition for an urgent hearing before Justice Sundar Mohan, who has scheduled it for later consideration. In his plea, Kamra asserts his innocence, claiming he has been falsely implicated in what he describes as a "frivolous complaint" intended to harass and intimidate him for exercising his fundamental right to freedom of speech.
Deputy Chief Minister Shinde previously stated, "Freedom of speech is there. We understand satire. But there should be a limit. This is like taking ‘supari’ (contract) to speak against someone." Kamra, who has been residing in Tamil Nadu since February 2021, is seeking inter-state anticipatory bail for a few weeks, citing upcoming public holidays in April that could complicate his potential return to Mumbai.
In his petition, Kamra expressed fear for his life and liberty, stating he is "scared" to return to Mumbai on March 31, 2025, due to threats he has received. The Khar police in Mumbai had previously summoned him to appear for questioning on March 25, but he requested additional time.
The FIR against Kamra alleges that he performed a parody of a popular Hindi song from the 1997 film "Dil Toh Pagal Hai," making comments that were interpreted as slanderous towards Shinde and critical of the political split involving the Shiv Sena and Nationalist Congress Party (NCP) in 2023. Kamra's petition argues that the FIR does not substantiate the claims of public mischief and defamation.
Moreover, Kamra's plea recounts an incident on March 23, 2025, when members of the Shiv Sena vandalized the venue where he performed, suggesting that the complaint against him is politically motivated. He emphasizes that the song he referenced does not mention any specific individuals.
Born in Mumbai, Kamra relocated to rural Tamil Nadu to lead a quieter life while touring with his latest show titled "Naya Bharat," which features his signature satirical style and politically charged humor. His legal arguments also reference a Supreme Court ruling in the Priya Indoria case from Karnataka, which supports his request for transit bail by highlighting the need to protect individuals from politically motivated prosecutions.
As the controversy unfolds, the Supreme Court recently dismissed an FIR against Congress Rajya Sabha MP Imran Pratapgarhi, who faced backlash for an Instagram post featuring a poem titled "Ae khoon ke pyase baat suno." The court emphasized the importance of protecting freedom of speech and expression, stating that restrictions on speech must be "reasonable, not fanciful." The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, criticized the Gujarat Police for their excessive actions against Pratapgarhi.
The Supreme Court underscored that without the freedom to express thoughts and views, leading a dignified life, as guaranteed under Article 21 of the Constitution, becomes impossible. It further noted that in a healthy democracy, differing views should be countered with counter-speech rather than suppression.
Kamra's situation highlights the ongoing tension between artistic expression and political accountability in India. Clips from his performance have gone viral, leading to multiple FIRs against him and vandalism at the venue where he performed. In contrast, the FIR against Pratapgarhi was initiated by an advocate's clerk, alleging that his poem incited unrest and disturbed social harmony.
Pratapgarhi had claimed that the poem was authored by renowned poets Faiz Ahmed Faiz or Habib Jalib, providing screenshots from an AI tool (ChatGPT) to support his assertion. However, the prosecution argued that as a parliamentarian, he should exercise greater caution when expressing opinions on social media.
The juxtaposition of these two cases illustrates the complex landscape of freedom of expression in India, where artists and politicians navigate the fine line between satire and accountability. As Kamra awaits the court's decision on his bail application, the outcome may have broader implications for artists across the nation, who often find themselves in the crosshairs of political controversies.
In a country where humor can spark outrage and lead to legal repercussions, the need for a balanced approach to freedom of speech remains a pressing issue. As the legal battles unfold, the discussions surrounding the limits of artistic expression and the responsibilities of public figures continue to resonate within the political and cultural fabric of India.
