On 25th April, the Bombay High Court ordered the Mumbai Police not to arrest controversial comedian Kunal Kamra in the First Information Report (FIR) that was filed against him because of his video “gaddar” against Maharashtra’s Deputy Chief Minister Eknath Shinde. The decision was pronounced by a division bench of Justices Sarang Kotwal and Shriram Modak.
The court accepted his request to quash the official complaint and stated that he will not be apprehended concerning the FIR while the plea is under consideration. It further remarked that the agency should proceed to Chennai, located near Villupuram where Kamra resides and seek the support of the local police to record his statements.
“The investigation in this case can continue. If the investigating agency wants to record the petitioner’s statement, the same can be recorded in Chennai with the help of local police after giving notice of reasonable period to the petitioner so that he can remain present in Chennai. If during the pendency of this petition the chargesheet is filed, the concerned court (trial court) shall not proceed against the petitioner during pendency of this petition,” the court declared.
The judges conveyed that the concerned court should not take cognizance of the chargesheet if it is submitted while this plea is still pending. On 16th April, the bench reserved its decision, granting him temporary protection from arrest while pointing out that the police had summoned him in accordance with Section 35(3) BNSS (Bharatiya Nagarik Suraksha Sanhita) which expressly refers to notification in situations where an arrest is not necessary.
