IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 9792 OF 2023

Kunal Kamra …Petitioner
Versus
Union of India …Respondents

Date Of Judgment: January 31, 2024
Presiding judges:
Justice Gautam Patel
Justice A.S. Chandurkar
Justice Dr. Neela Gokhale

Introduction

Who is Kunal Kamra?

Kunal Kamra is an Indian stand-up comedian and political satirist. In his shows, he quips about the peculiarities of life, popular culture, the economy, politics, and big business.
Born and reared in Mumbai, Kamra is often embroiled in controversy due to his polarizing remarks about BJP politicians, especially Prime Minister Narendra Modi.

In 2017, he started a show called Shut Up Ya Kunal, in which he had informal discussions with politicians and activists from both sides. He’s previously made headlines for a mid-air confrontation with news anchor Arnab Goswami in 2020.

Who is Eknath Shinde?

Eknath Sambhaji Shinde, an Indian politician who was born on February 9, 1964, has been serving under Devendra Fadnavis as Maharashtra‘s Deputy Chief Minister since December 2024 alongside Ajit Pawar. He has been the head of the Shiv Sena since February 2023 and was the Chief Minister of Maharashtra from June 2022 to December 2024. He was an MLA for the Thane seat from 2004 to 2009 and has been a member of the Legislative Assembly since 2009 for the Kopri-Pachpakhadi constituency.

Factual Background

When Kunal Kamra performed at the Habitat Studio at the Unicontinental Hotel in the Khar neighborhood of Mumbai, he called Shiv Sena leader and Deputy Chief Minister Eknath Shinde a “traitor” and proceeded to sing a parody about him. Kamra described Shinde’s 2022 mutiny against his then-boss Uddhav Thackeray using a modified version of a Hindi song from the film Dil To Pagal Hai.

According to PTI, which cited the police, a number of Shiv Sena employees allegedly vandalized the studio and the hotel on Sunday night.

Due to Kamra’s alleged defamatory remarks against Shinde, the Mumbai Police filed a formal complaint against him on Monday.

According to the PTI report, Shiv Sena official Rahul Kanal and 11 other people were also taken into custody by the police for looting the hotel.

According to ANI, the Mahayuti ruling alliance has claimed that the Shiv Sena, led by Uddhav Thackeray, bribed Kamra. Kamra’s comments have been supported by the opposition Maha Vikas Aghadi (MVA) alliance, which has criticized the state administration for the collapse of law and order and brought up the subject of freedom of speech.

The Brihanmumbai Municipal Corporation (BMC) demolition team took hammers to the Habitat Studio on Monday. The H West ward staff was instructed to perform an inspection by BMC Commissioner Bhushan Gagrani following a conversation with State Transport Minister Pratap Sarnaik.

Maharashtra’s State Home Minister, Yogesh Kadam, said Monday that the legislation will be strictly implemented and that Kamra’s whereabouts were being investigated.

What is the Kunal Kamra–Eknath Shinde Controversy all about?

During a recent stand-up show, comedian Kunal Kamra is once again at the center of a political storm after his recent performance in Mumbai.

During his latest show ‘Naya Bharat’ at the Habitat Comedy Club in Khar, he humorously parodied a popular Shah Rukh Khan Hindi song by calling Maharashtra’s Deputy Chief Minister Eknath Shinde a “gaddar” (traitor). The comment made reference to Shinde’s 2022 political rebellion, which led to the dissolution of the Shiv Sena party.

In a spoof of a song from Dil To Pagal Hai, Kamra sang:
“Meri nazar se tum dekho to gaddar nazar wo aaye, haaye.”

After being posted on social media, the video swiftly gained popularity and attracted the attention of political supporters.

A case was filed against comedian Kunal Kamra after a video of him surfaced showing him taking a jibe at Maharashtra Deputy Chief Minister Eknath Shinde for switching sides.

What was the reaction of Eknath Shinde?

The joke was taken seriously by the Shiv Sena section led by Eknath Shinde. In a police complaint, Shiv Sena MLA Murji Patel called for Kunal Kamra‘s arrest and an apology from the public. He threatened to hold rallies and deny Kamra the freedom to “move freely” in Mumbai unless he apologized within two days.

The Habitat Studio in Mumbai, where Kamra had performed, was vandalized by Shiv Sena supporters in outrage. As a result, more than 40 Sena members were arrested by the Mumbai Police for unlawful assembly and property damage.

Kunal Kamra’s Response

“Not Against the Law… I Don’t Fear”: Kunal Kamra’s Initial Response to the Eknath Shinde Joke Scandal.

In a forceful initial statement regarding the uproar he sparked, stand-up comedian Kunal Kamra said he does not “fear this mob” that damaged his show’s venue and refused to apologize for his traitorous “joke” about Maharashtra Deputy Chief Minister Eknath Shinde on Monday.

• Kamra defended his act, arguing that comedy and satire are essential tools in democracy.

• In response to the controversy, he posted an image of himself holding the Indian Constitution with the caption “The Only Way Forward.”

• Kamra stated that his intention was to critique a political figure, not to disrespect anyone personally.

• He criticized the increasing intolerance towards comedians and artists in India.

Political Repercussions and Support

Some Shinde faction leaders have urged Kamra to leave the nation, while others have stood up for him.

Sanjay Raut, the leader of the Shiv Sena (UBT), mockingly praised Kamra’s wordplay by posting, “Kunal Ka Kamal.”

Using the term “Mindhe,” a Marathi word that implies subservience, to mock Eknath Shinde, Aaditya Thackeray also denounced the vandalism and called it a cowardly crime.

Judgment

The Kunal Kamra case ruling is centered on a challenge to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.

Comedian Kunal Kamra filed a petition along with several organizations and journalists, arguing that these rules restrict free speech and violate it.

The Bombay High Court issued a split ruling, with Justices Gautam Patel and A.S. Chandurkar declaring Rule 3(1)(b)(v) illegal, while Justice Dr. Neela Gokhale maintained its constitutionality.

• The constitutionality of Regulation 3(1)(b)(v) is violated: The legislation violates Articles 14, 19(1)(a), and 19(1)(g) of the Constitution of India by placing an undue burden on digital intermediaries and encouraging self-censorship, according to Justices Patel and Chandurkar.

• The court recognized that self-censorship and a limited marketplace for ideas could arise from the restriction’s potential to discourage free expression.

• The decision brought attention to the rule’s absence of procedural protections, which allow the Fact Check Unit (FCU) to operate without supervision.

• Justice Patel emphasized that because the clause imposes a form of self-serving censorship that goes beyond the bounds permitted by Article 19(2), it breaches the proportionality test.

The Supreme Court of India is still considering the matter and will render a final decision about the legitimacy of the contested regulations.

Conclusion

The controversy involving Kunal Kamra and Eknath Shinde’s faction reflects the ongoing battle between freedom of speech and political power in India.

The incident also highlights deep political divides in Maharashtra, particularly within the Shiv Sena.

This case will likely set a precedent for how India handles political satire in the future—whether comedians will continue to have space to critique politicians or if they will increasingly face legal and political retaliation.