The Bombay High Court on Thursday reserved its order in the matter of stand-up comedian Kunal Kamra, accused of instigating enmity and disrupting communal harmony by posting something on social media. The court, however, extended Kamra interim protection from arrest until a final order is made on the maintainability of the FIR lodged against him.
Politically sensitive post angered politicians
The case was brought based on a tweet posted by Kamra last month, which allegedly attacked specific political leaders and religious sentiments. The complaint had alleged that he instigated communal unrest under the Indian Penal Code under different sections, including Section 153A (stirring enmity between groups on the basis of religion).
Kamra, represented by his lawyers, went to the Bombay High Court looking for cancelation of the FIR, terming it a violation of his right to freedom of speech and expression. Kamra claimed that the post was satirical in nature and did not have the intention to incite hate or violence.
Court questions motive, seeks clarity
Before a division bench comprising Justices A S Gadkari and Shyam Chandak on Thursday, the division bench heard submissions from both sides. The lawyers of Kamra insisted the post was an honest expression of social commentary with protection under Article 19(1)(a), while the prosecution contended the tweet could give rise to public unrest and will have to be considered in light of growing tension.
The court did not pronounce an instant verdict but reserved the order. Still, it previously granted Kamra’s interim protection from arrest but added that first the court needs to determine whether the FIR was legally tenable.
Free speech vs hate speech: Public reactions mixed
The case has triggered a larger debate online, with many defending Kamra’s right to criticize through comedy, while others say such posts cross a line and need accountability. The comedian, known for his outspoken stance against government policies and political figures, has previously faced flight bans and police complaints for his acts and statements.
Final verdict awaited
As the legal challenge is ongoing, the Bombay High Court will have to pass its judgment in the coming weeks. In the meantime, Kunal Kamra cannot be arrested under the FIR. The case has the potential to be a precedent for other cases where freedom of expression and satire are challenged in India’s digital age.
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