Kunal Kamra Moves Bombay HC After FIR Over ‘Traitor’ Jibe Against Eknath Shinde

The Bombay High Court on Monday agreed to hear stand-up comedian Kunal Kamra’s petition seeking to quash the FIR registered against him for allegedly referring to Maharashtra Deputy Chief Minister Eknath Shinde as a “gaddar” (traitor) during a comedy performance.

A bench of Justice Sarang Kotwal and Justice SM Modak scheduled the matter for hearing on Tuesday, April 9, after Kamra’s senior counsel, Navroz Seervai, urgently mentioned the case, citing threats to Kamra’s life and the expiry of his interim protection from arrest.

Urgent Mentioning

Seervai told the court that Kamra had received death threats following his performance and was unable to safely approach courts in Maharashtra. He highlighted that the Madras High Court had taken cognisance of the threats and granted Kamra interim protection from coercive action. However, that protection was set to expire on April 8.

“The situation is very grave,” Seervai said, adding that police from Mumbai had already reached Pondicherry, where Kamra is currently staying. He requested the court to hear the matter urgently, emphasizing that it involved fundamental rights more than criminal law.

The plea was originally listed for hearing on April 21, but the court agreed to advance the hearing by nearly two weeks due to the urgency.

Justice Kotwal, while agreeing to hear the quashing plea, also advised Kamra to consider filing for anticipatory bail before the appropriate court. He referred to a Supreme Court judgment in the Priya Indoria case, which clarified that such options can be pursued in tandem with other legal remedies.

Seervai agreed to explore that route but continued to press for immediate relief through the High Court, citing serious safety concerns.

Background Of The Case

The FIR against Kamra stems from a parody song he performed during a stand-up act, where he used the word “gaddar” — widely interpreted as a jibe at Eknath Shinde. The remark allegedly referred to Shinde’s 2022 political move to break away from Uddhav Thackeray’s Shiv Sena and form a coalition government with the Bharatiya Janata Party (BJP).

Shinde’s actions led to a major political upheaval in Maharashtra, splitting the Shiv Sena and eventually bringing his faction to power in the State.

Legal Proceedings

Kamra was booked under Sections 353(1)(b), 353(2) (public mischief), and 356(2) (defamation) of the Bharatiya Nyaya Sanhita (BNS) based on a complaint filed by Shiv Sena MLA Muraji Patel. Although the FIR was lodged in Mumbai, Kamra is a resident of Villupuram in Tamil Nadu.

The court granted him interim anticipatory bail on March 28, citing credible threats to his safety. That bail expired on Monday, prompting the urgent petition before the Bombay High Court.

The matter will now be heard on Tuesday, with the court expected to decide whether to quash the FIR or allow legal proceedings to continue.

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