Bombay HC Tells Police Not to Arrest Kamra Till his Plea Challenging FIR Decided

Granting protection from arrest to Mr. Kamra, a division bench of Justice Sarang Kotwal and Justice Shriram Modak in its order said, "As agreed by the learned Public Prosecutor that summons were issued under Section 35(3) BNSS which specifically refers to notice where arrest of a person is not required, in that background the question of arresting the applicant in this particular case does not arise. Matter reserved for orders, till then petitioner shall not be arrested.”

In his petition, Kamra argued that the FIR violates his fundamental rights, including freedom of speech and expression, the right to practise any profession or occupation, and the right to life and personal liberty, as guaranteed by the Indian Constitution.

Mr. Kamra was booked under Bharatiya Nyaya Sanhita (BNS) sections 353(1)(b), 353(2) (public mischief) and 356(2) (defamation) for calling Mr. Shinde “gaddar” (traitor). Appearing for Mr. Kamra, Senior Advocate Navroz Seervai argued that Uddhav Thackeray and Ajit Pawar have also used the same term for Mr. Shinde, but no action was taken against them.

“What is amazing is when Mr Ajit Pawar in 2023 February, at public meetings said that “we have to teach this traitor a lesson”, nobody said anything that it is an insult, a criminal offence? Nobody complained to anyone. But a comedian is to be crushed, harassed, terrorised, victimised and a signal sent out to all artists that you better watch out if we don’t like it this is what we will do to you through the police,” the lawyer said.