
Comedian Kunal Kamra - in the dock over comments about Maharashtra Deputy Chief Minister Eknath Shinde - has been given a measure of relief by the Bombay High Court.
Mr Kamra, the court said Friday morning, cannot be arrested at this time.
However, the bench of Justice Sarang Kotwal and Justice SM Modak also said the investigation against Mr Kamra - stemming from a complaint he insulted Mr Shinde by calling him a 'gaddar', or traitor - will be allowed to continue, pending a detailed hearing of his plea to quash charges.
Mr Kamra also sought protection from any coercive action, including arrest, seizure of his electronic devices, and examination of financial transactions and accounts.
"The investigation can continue (but) the petitioner (Kunal Kamra) shall not be arrested during the pendency of the petition," the judges ruled, also notifying Mumbai Police that should it wish to question him, it must do so at his current residence in Chennai and after due notice.
That provisio followed Mr Kamra, in his petition, said he was worried about travelling to Maharashtra, when called to be questioned by the cops, after receiving death threats.
The court also noted that should the police file a chargesheet while Mr Kamra's current petition is being heard, the former would take precedence; i.e., the court would drop his plea.
In his petition Mr Kamra said the allegations, even at face value, do not make an offence.
His legal counsel, Navroz Seervai, pointed out that political leaders from the opposition's ranks had made similar comments before last year's election, and had escpaed any action.
Similar comments, he argued, had also been made by current Deputy Chief Minister Ajit Pawar when he was still part of the undivided NCP led by hs uncle, Sharad Pawar.
Public prosecutor Hiten Venegaonkar argued the comedian's act was not "humorous criticism" of a government, but "malicious targeting of an individual" whose reputation had been affected.
On the question of death threas, Mr Venegaonkar declared the state government would offer protection. "Let him come forward....we will provide security, if needed," the prosecutor said.
Controversy over Mr Kamra's comment - at a Mumbai studio that was later vandalised by thugs from the ruling Shiv Sena and then shut down by the owners - broke last month.
During the show, he sang a parody of a song from the film 'Dil To Pagal Hai', in which he used the word 'gaddar'. He then joked about how Mr Shinde rebelled against former boss and ex-Chief Minister Uddhav Thackeray in 2022, causing the Sena to split and the government to fall.
Mr Kamra has stressed his right to freedom of speech and said, "Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system."
He has also said he was willing to cooperate with the police and courts but has questioned if those involved in vandalising the studio will also face action. "I will not apologise. I don't fear this mob and I will not be hiding under my bed, waiting for this to die down," he said.
Mr Shinde has said he did not support the vandalism, but cited party workers' sentiments and said, "every action has a reaction". He has also asked who gave Kunal Kamra "supari" to target him.
With input from agencies
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