Madras HC extends pre-arrest bail granted to Kunal Kamra in Eknath Shinde remark case

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Synopsis

The high court on March 28, 2025, had granted interim anticipatory bail to Kamra

The Madras High Court on April 7, 2025, extended the anticipatory bail granted to comedian Kunal Kamra in a criminal case filed over alleged defamatory remarks against Maharashtra Deputy Chief Minister Eknath Shinde. The extension of the bail has been granted till April 17.

The relief was continued after Kamra’s lawyer informed the court that a private notice had been served on the Khar police, as directed earlier. Taking note of the submission, Justice Sunder Mohan asked the court Registry to confirm if the formal court notice had also been delivered and directed the matter to be listed for further hearing next week.

The high court on March 28, 2025, had granted the interim anticipatory bail to Kamra who sought transit anticipatory bail in the FIR lodged against him for his remarks during a recent performance.

During the hearing then, Kamra’s counsel had argued that the comedian did not name anyone in his performance and was facing serious threats. The court was informed that a state minister had issued an open threat against Kamra and that he had received more than 500 threatening calls. Additionally, it was submitted that the hotel where Kamra was staying had been vandalized.

Kamra had then maintained that his statements were based on information already in the public domain and that he firmly believed in the Constitution.

In his plea, Kamra insisted that he was innocent and argued that the complaint was "frivolous," meant to "harass, intimidate," and "censor an artist" for simply "exercising his fundamental right to free speech".

The state had opposed Kamra’s bail plea on technical grounds. However, the court had noted that Kamra had prima facie established that he was unable to approach Maharashtra courts due to the threats he was receiving. It had observed that the comedian was facing serious security concerns over his alleged comments against state ministers, which prevented him from seeking legal recourse in Maharashtra.

Granting interim relief, the court had then issued a notice to the second respondent, returnable by April 7. Until then, Kamra had been granted bail on the condition that he did not make any further incriminating statements.

The controversy arose from a performance Kamra recorded in January 2025, which was later uploaded to YouTube in March. His remarks of 'Gaddar', though not directly naming Deputy Chief Minister Eknath Shinde, were perceived as offensive by Shinde's supporters, sparking outrage.

In response, members of the Shiv Sena faction led by Shinde allegedly vandalized the Habitat comedy club, where the show was filmed. Police arrested twelve individuals for the act, all of whom were later granted bail. Meanwhile, Shiv Sena MLA Murji Patel filed an FIR against Kamra, invoking multiple sections of the Bharatiya Nyaya Sanhita, including those related to public mischief and defamation.

Case Title: Kunal Kamra vs. The State (CRL OP.9768/2025)