No vindictive action taken against anyone for re-sharing Kamra video, says Bombay High Court; disposes of PIL

Mumbai: The Bombay High Court on Wednesday said the Maharashtra government has not taken vindictive action against any person for re-sharing or re-uploading stand-up comic Kunal Kamra's video in which he indirectly passed a "traitor" jibe at Deputy Chief Minister Eknath Shinde.

A bench of Chief Justice Alok Aradhe and Justice M S Karnik made the observation while refusing to entertain a public interest litigation (PIL) filed by a 25-year-old law student questioning the government's action against Kamra and also the Mumbai hotel where the controversial comedy show was shot.

The court also noted the aggrieved person (Kamra) has already filed a petition in the HC seeking to quash the FIR lodged against him at a Mumbai police station over his critical comments against Shinde, who heads the ruling Shiv Sena.

"The person aggrieved is before this court. He is not poor or illiterate. Why are you (present PIL petitioner) fighting his cause? He has taken action for relief," the HC observed.

The PIL, filed by law student Harshwardhan Khandekar, contended filing FIRs against a comedian for expressing his political views was violative of fundamental rights enshrined in the Constitution.

His lawyer Amit Katarnwaware said several politicians belonging to a party which is an ally in the state's ruling coalition have warned of action against anyone who shares or uploads Kamra's video containing jokes directed at Shinde.

Public prosecutor Hiten Venegaonkar told the bench the government has not taken any action against any person who has shared or uploaded the video.

The court took note of this statement and observed there have been no instances where state authorities have taken any "vindictive" action against any person who has shared the video made by Kamra (36), who himself uploaded it last month.

"It is also pertinent to note that the aggrieved person (Kamra) has already approached this court seeking to quash the FIR. He has also got interim protection from arrest from the Madras the HC," the bench pointed out.

In respect of the vandalism of the studio where the stand-up show was shot, an FIR has been lodged and the accused persons have been arrested, it maintained.

"In view of this, we are not inclined to entertain this PIL at this stage and hence the same is disposed of," the court said.

Late last month, 12 Shiv Sena workers were arrested for vandalising the Mumbai studio where Kamra's comedy was shot. They were later granted bail by a city court.

During the show, Kamra had taunted Shinde, without taking his name, using a modified version of a popular Hindi song from the 1997 film "Dil To Pagal Hai" where he called him a "gaddar" (traitor).

The comedian referred to Shinde's early profession in Thane before he entered politics and also made references to his rebellion against then-Chief Minister Uddhav Thackeray in June 2022.

Kamra's petition seeking to quash the FIR is due for hearing on April 16.