Law student challenges double standards in FIRs

Mumbai: In a recent stand-up comedy show, comedian Kunal Kamra found himself embroiled in controversy after performing a satirical song targeting Maharashtra's Deputy Chief Minister Eknath Shinde. Following this performance, four First Information Reports (FIRs) have been filed against Kamra in various locations across Maharashtra.

In response to the legal actions taken against him, law student Harshvardhan Khandekar, through Advocate Amit Kataranaware, has issued a legal notice to several high-ranking officials, including the Chief Secretary of Maharashtra, the Additional Chief Secretary of the Home Department, the Director General of Police, the Mumbai Police Commissioner, and the Brihanmumbai Municipal Corporation. The notice argues that there is a double standard in the application of the law, pointing out that while opposition leader Ajit Pawar and leaders from the Uddhav Thackeray faction, including Sanjay Raut, have also referred to Shinde as a "traitor," only Kamra has faced legal repercussions.

The notice highlights that if the police claim Kamra's use of the term "traitor" constitutes a crime, then similar statements made by Deputy Chief Minister Devendra Fadnavis in the Maharashtra Assembly should also warrant legal action against him. 

According to the Indian Citizen Security Code under Section 173(3) and the Indian Penal Code Section 353, prior approval from a police officer of the rank of Deputy Superintendent is required for offenses punishable by up to two years. The notice alleges that the police failed to adhere to these regulations. Furthermore, it cites Article 20(2) of the Indian Constitution, which prohibits multiple prosecutions for the same offense, arguing that the filing of four FIRs against Kamra is unconstitutional.

While the Madras High Court has granted Kamra interim relief from arrest, the notice warns that he may still face danger upon appearing before the Khar police. It also states that if a satisfactory response is not received within 24 hours, legal action will be pursued against the relevant officials and police.