Bombay HC Refuses To Entertain PIL Apprehending Coercive Action By State Against Those Who Shared Kunal Kamra's Controversial Comedy Clip

The Bombay High Court has disposed of a Public Interest Litigation (PIL) that raised apprehension that the Maharashtra government would take coercive action against those who shared Kunal Kamra's comedy clip, where he made the "gaddar" comment purportedly against Maharashtra's Deputy CM Eknath Shinde.

The PIL filed by one Harshvardhan Navnath Khandekar argued that there should be equality before law and equal enforcement of law between politicians and common citizens. 

During the hearing today, the petitioner's counsel stated that after the show, statements have been made by the Chief Minister and Home Minister that they would take stern actions against comedians for such acts. Stating that politicians are calling for punishments for such shows, the petitioner submitted that there should be equal enforcement of law between politicians and citizens. 

The counsel further stated that the studio where Kamra performed was demolished by the BMC over certain violations. He stated no other illegal structures have been demolished and that BMC officers are under an obligation to uphold equal execution of law. 

The counsel argued that if the contents of the show amounted to defamation, necessary action could be taken under Section 222 of BNS. 

A division bench of Chief Justice Alok Aradhe and Justice MS Karnik questioned the petitioner on his locus and asked why he was fighting Kamra's cause. 

The counsel then responded that he was not defending Kamra or his speech, but was apprehensive of State government's actions against other people who may have seen the comedy show or reshared its clips. 

Opposing the plea, the State counsel submitted that the prayer of the petitioner for not registering any FIRs against anybody cannot be maintained. The counsel submitted that the State government has not taken any action against people who shared or retweeted the video. 

He further said that FIRs have been registered against those involved in vandalism of the studio where Kamra performed. He also stated that Kamra has already approached the Bombay High Court seeking quashing of FIRs against him. 

The Court took note of the Madras High Court's order which granted Kamra interim anticipatory bail. It further noted that the Bombay High Court yesterday issued notice to the State government on Kamra's plea seeking quashing of the FIRs. 

The Court observed that the petitioner has not shown any instances where the State government took action against any persons who shared or retweeted the video. 

Noting that it was not inclined to entertain the PIL, it disposed of the matter while granting liberty to the petitioner to take recourse as may be available in the future.

Case title: Harshvardhan Navnath Khandekar vs State Of Maharashtra (CRPIL/1/2025)  

Citation: 2025 LiveLaw (Bom) 140

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