The Bombay High Court on Friday said comedian Kunal Kamra will not be arrested over his alleged “traitor” jibe at Maharashtra Deputy Chief Minister Eknath Shinde, though the police investigation into the matter may proceed.

A bench of Justices Sarang Kotwal and S M Modak admitted Kamra’s plea seeking to quash the FIR registered at Khar police station and said the case raised serious constitutional questions about the limits of free speech. “All these questions deserve serious consideration,” the court observed.

The FIR was filed after Kamra, during a stand-up show in Mumbai, sang a parody song referring to Shinde as a “gaddar” (traitor)—a reference to his rebellion against Uddhav Thackeray that split the Shiv Sena in 2022. Following the show, workers of Shinde’s faction vandalised the recording studio. Kamra said he has been receiving death threats since.

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While refusing to stay the investigation, the court said Kamra need not be arrested. It noted that he had been served a notice under Section 35(3) of the Bharatiya Nyaya Suraksha Sanhita (BNSS), which allows for questioning without arrest. Since Kamra resides in Tamil Nadu, the court allowed police to record his statement in Chennai with prior notice.

The court also said if a chargesheet is filed while the petition is pending, the trial court should not act on it until further orders. It stressed that Kamra’s security is a concern.

Kamra argued the FIR amounts to censorship and poses a chilling effect on free speech. He also sought protection from coercive action, including arrest and seizure of devices. The state opposed the plea, terming the comedian’s remarks a personal attack on a constitutional authority.

The case will now be heard in detail at a later stage.

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