'Traitor' jibe: Continue probe, but don't arrest Kamra, says HC on comedian's plea against FIR
Mumbai (PTI): The Bombay High Court on Friday said the police investigation against Kunal Kamra over his remarks against Maharashtra Deputy Chief Minister Eknath Shinde can continue, but the comedian shall not be arrested.
A bench of Justices Sarang Kotwal and S M Modak admitted Kamra's petition seeking the quashing of the first information report (FIR) registered at the Khar police station for his alleged "traitor" jibe at Shinde during a stand-up comedy show.
This means Kamra's petition will be heard at length later.
By way of interim relief, the bench said the comedian shall not be arrested during the pendency of the petition.
"Investigation can continue. The petitioner (Kamra) shall not be arrested during the pendency of the petition," the court said.
It said that if the police wanted to record Kamra's statement, they shall do so in Chennai, where he currently resides, after giving him prior notice.
Kamra, in his plea, had stated that he was a resident of Tamil Nadu and was apprehensive about coming to Maharashtra due to the death threats he had been receiving after the show.
"If during the pendency of the petition, a chargesheet is filed in the case by the police, the concerned court shall not proceed with the same," the court ordered.
The court had last week, while reserving its order on the plea, granted the comedian interim protection from arrest.
Kamra has sought the quashing of an FIR registered against him for allegedly making defamatory remarks against Shinde.
The comedian, in the petition, stated that the allegations, even if taken at face value, do not constitute an offence.
He also sought the HC to protect him from any coercive action, including arrest, seizure of his electronic devices and examination of his financial transactions and accounts.
Kamra had submitted to the court that he had agreed to appear via video-conferencing before the Mumbai police for questioning in the case.
He had said he was facing death threats ever since the FIR was registered.
An FIR was registered at Khar police station here against the stand-up comedian for allegedly calling Shinde "gaddar" (traitor) during a show in the metropolis.
Workers of Shinde's party, Shiv Sena, also vandalised the studio where the show had been recorded.
During the show, Kamra sang a parody version of a song from the film "Dil To Pagal Hai", in which he used the word "gaddar". He then joked about how Shinde rebelled against Uddhav Thackeray and split the Shiv Sena in 2022.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
