Shiv Sena vs Kunal Kamra: Bombay HC issues notice to Mumbai Police, Shiv Sena MLA in 'traitor' jibe row; bench to hear matter on April 16

The Bombay High Court has issued a notice to the Mumbai police and Shiv Sena MLA Murji Patel in response to comedian Kunal Kamra's plea challenging an FIR registered against him. The complaint, lodged by Patel, cites Kamra's remarks during a stand-up comedy show where he allegedly referred to Maharashtra Deputy Chief Minister Eknath Shinde as a 'traitor'.

The court will hear Kamra's petition on 16 April. "Issue notice to the respondents (police and Patel). They shall take instructions and respond to the plea," the HC said.

Kamra has not appeared before the Mumbai police for questioning despite receiving three summons. The FIR, filed under sections 353(1)(b) (statements conducing to public mischief) and 356(2) (defamation) of the Bharatiya Nyaya Sanhita, is one of several transferred to Khar police from Nashik and Jalgaon.

His counsel, Navroz Seervai, informed the court of Kamra's willingness to participate via video conference due to safety threats. "It seems that the police authorities are not so keen on recording his statement but more on bringing him here physically," the senior counsel claimed.

The Madras High Court has extended Kamra's interim transit anticipatory bail until 17 April, allowing him more time to avoid arrest. Kamra, residing in Tamil Nadu since 2021, stated that his comments were part of satirical performances critiquing political developments, including Shinde's rebellion against Uddhav Thackeray in June 2022.

"This is not a case of murder. It is an FIR that has stemmed from a stand-up comedy show. He (Kamra) is ready to cooperate with the probe but through video conference," Seervai said.

Kamra's plea argues that the FIR violates his fundamental rights, including freedom of speech and expression, and seeks to quash the FIR, stating that the allegations do not constitute an offence. His petition also requests protection from any coercive actions, such as arrest or seizure of personal electronic devices. "To permit the investigation to continue would constitute a frontal assault on the freedom of speech and expression. Should a citizen's right to comment on the political developments and actions of political leaders be criminalised in this manner?" the petition said.

Kamra performed the show on 60 occasions between August last year and February 2025, asserting that his act was a legitimate exercise of his rights. The recording of the show was uploaded in March 2025, which led to the FIR.

The bench is set to consider all related issues when it reconvenes on 16 April.