"No Arrest": Bombay HC Grants Relief to Kunal Kamra in Satire Case

The Bombay High Court on Thursday barred the Mumbai Police from arresting comedian Kunal Kamra in connection with the FIR filed against him over a satirical video and a “gaddar” remark allegedly aimed at Maharashtra Deputy Chief Minister Eknath Shinde.

The order came from a division bench comprising Justices Sarang Kotwal and Shriram Modak, who also directed the police to travel to Chennai—near Kamra’s residence in Villupuram—if they intend to record his statement. They were further instructed to seek assistance from local authorities for the same.

The bench added that if the police were to file a chargesheet while Kamra’s plea is still being heard, the trial court must not take cognizance of it. A detailed order is awaited.

The court had reserved its judgment on April 16, having earlier granted Kamra interim protection from arrest. At that time, it had noted that the police invoked Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which pertains to issuing a notice when arrest is not deemed necessary.
Appearing for Kamra, Senior Advocate Navroz Seervai contended that the video falls squarely within the ambit of free speech protected under Article 19(1)(a) of the Constitution. He argued that the FIR reflected an attempt by the state—allegedly at the behest of a political party—to target an artist for their expression.

Seervai also cited a recent Supreme Court judgment Imran Pratapgadhi vs State of Gujarat [2025 LiveLaw (SC) 362], in which the apex court stressed the need to safeguard the freedom of speech, especially when it comes to dissenting or unpopular views, and reminded both the judiciary and police of their constitutional duty to uphold these rights.​