The Bombay High Court has provided interim relief to Kunal Kamra by admitting his petition to quash the FIR filed against him. The court directed Mumbai Police not to arrest the comedian while the plea is pending, although investigation is permitted to continue.

MUMBAI: In major relief to Kunal Kamra, Bombay high court on Friday admitted stand-up comedian’s petition that seeks orders to quash a March 24 FIR registered by an MLA against him over his comedy show and directed Mumbai police not to arrest him during the pendency of the petition. But the HC order says the police is free to continue its probe into the case.
The MLA Murji Patel alleged Kamra had made derogatory remarks about deputy CM Eknath Shinde and his show promoted others to commit offences and also a rift between political parties.

On April 16 the HC while reserving Kamra’s plea for interim orders had prevented Mumbai police from arresting him.
The HC two-judge bench of Justices Sarang Kotwal and S M Modak pronounced the order and said the detailed order would be uploaded soon.
The HC said serious issues of freedom of speech are raised and need consideration; hence, during the pendency of Kamra’s petition, if a charge-sheet is filed by the police, the trial court shall not proceed against him.
Kamra, through senior counsel Navroz Seervai and advocate Ashwin Thool had argued that the FIR registered against him by Khar police in Mumbai—since the studio he performed at in February was in Khar—over his satirical show disclosed no offence and that the probe deserves to be stayed pending the final disposal of his plea to quash the FIR itself.
Seervai cited Supreme Court rulings to argue that even at a nascent stage of probe, an FIR can be quashed in the interest of justice in a fit case. He said this was a fit case as the FIR has a “chilling effect” on freedom of speech and show was a satire, its content expressed earlier by politicians when it created no furore nor led the complainant to lodge any FIRs.
Public Prosecutor Hiten Venegaonkar who strongly opposed the quashing petition and any interim protection. FIR does make out a cognizable offence which police must probe, and at this nascent stage, the High Court can’t intervene, the PP had argued. Venegaonkar had said free speech is governed by reasonable restrictions and cannot violate the dignity of any person.
Summons issued to Kamra to recording of his explanation is issued when police don’t want to arrest the HC had noted earlier and hence while it can continue its investigation it cannot arrest him the Court said.
Seervai argued that the FIR was on the face of it “motivated and malafide” and that Kamra so far received around 500 death threats via messages, emails, and calls from unknown persons.
The Prosecutor said Kamra was not targeting any state decision but a former Chief Minister and present Deputy Chief Minister in his individual capacity by making fun of his looks and his past.
Art and satire hold much value for a “meaningful human life” Seervai adding that Kamra’s show reflects his “irreverential and satirical style.”
He had stressed during the hearing and pointed out that members of Shiv Sena a ruling party vandalised the show’s venue, and BMC partly demolished the studio, as police stood by a day after the FIR was lodged