Mumbai: In a strong defense of comedian Kunal Kamra, senior advocate Navroz Seervai told the Bombay High Court on Wednesday that the legal proceedings initiated against Kamra over a parody song allegedly mocking Maharashtra Deputy Chief Minister Eknath Shinde represent a disturbing misuse of state machinery and a threat to free speech.
The court was hearing Kamra’s plea seeking to quash the FIR lodged against him in connection with the satirical content. Seervai argued that the case stands out as one of the "rarest of rare" instances where the law enforcement system appears to have been mobilized purely because certain individuals took offence at a work of art — in this case, a parody song — which falls squarely within the ambit of Article 19(1)(a) of the Constitution, guaranteeing freedom of expression.
Seervai accused the enforcement agencies of being “mechanic” in their approach, acting without thoughtful evaluation or preliminary inquiry to determine whether any actual offence had occurred. He also criticized what he called the ignorance of fundamental rights by those tasked with upholding them.
“Seventy-five years into our republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or, for that matter, any form of art or entertainment, such as stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities,” Seervai told the bench.
The senior counsel urged the court to grant a complete stay on the investigation, warning against setting a precedent where satire or parody — core elements of political critique and entertainment — could be criminalized.
He also highlighted that the Supreme Court has consistently rejected similar attempts at censorship, reinforcing the argument that Kamra’s parody, regardless of its political tone, is protected speech under the Constitution.
The Bombay High Court has not yet delivered its ruling, but the case has reignited the debate over the limits of artistic freedom, state censorship, and the role of law enforcement in a democratic society.
(This story is published from a syndicated feed)