Dismissing Kunal Kamra’s Prog: Karnataka HC Raps Police for Arresting Hindutva Leader Over FB Post.

Karnataka HC Raps Police Over Arrest of Hindutva Leader Mohan Gowda Over FB Post on Kunal Kamra Event Cancellation.

B Upendran | HENB BENGALURU |Aug 28, 2026:: The Karnataka High Court has pulled up the Whitefield Police over the arrest of Hindutva leader Mohan Gowda in connection with a Facebook post celebrating the cancellation of stand-up comedian Kunal Kamra’s event in Bengaluru.

Justice M. Nagaprasanna questioned the police action, observing that the case appeared to have been initiated on the basis of what the Court described as “imaginary” concerns of communal disharmony arising from Gowda’s social media post.

According to sources, Kamra’s comedy routines have frequently featured sarcasm and remarks on a range of political, social and religious subjects, including Hindu deities and aspects of Hindu faith.

“The police constable of the Whitefield Police Station gets concerned about the imaginary disharmony overnight and alleges such disharmony to be because of the post of the petitioner calling it a victory for Hindu unity,” Justice Nagaprasanna observed.

Court Questions Whitefield Police ‘Modus Operandi’

The Court also expressed serious concern over what it described as a recurring pattern at the Whitefield Police Station—issuing notices requiring accused persons to appear for questioning on a specified future date and then arresting them before the deadline mentioned in the notice.

“The Whitefield Police Station appears to have been violating the law time and again as this Court has repeatedly come across this violation of law from this Police Station. A notice indicating the later date of appearance appears to have been used to take the petitioner into custody three days prior to the fixed date itself. This has been the modus operandi of the policemen who man the Whitefield Police Station,” the Court said.

Justice Nagaprasanna had earlier in the week criticised the same police station in a separate case involving a similar course of action. In that matter, the Court held the arrest of a man to be illegal and imposed costs of ₹3 lakh on the police.

Mohan Gowda’s Facebook Post

Mohan Gowda, who is from Udupi, is a member of the Hindu Rashtra Samanvaya Samithi and is also associated with the Hindu Janajagruti Samiti, an organisation that advocates the establishment of a “Dharmik, Samvidhanik and Sarvabhoum” (Righteous, Constitutional and Sovereign) Hindu Rashtra in Bharat.

Before the event was cancelled, Gowda had submitted a representation to the Whitefield Police Station expressing concern that Kamra’s proposed comedy show could lead to communal disharmony.

The show was scheduled to be held at Uru, which falls within the jurisdiction of the Whitefield Police Station. Following Gowda’s representation, the event was cancelled.

Gowda subsequently posted on Facebook describing the cancellation as a victory for Hindu unity.

The police later registered a First Information Report (FIR) against him under Sections 217 and 353 of the Bharatiya Nyaya Sanhita (BNS). Section 217 relates to providing false information with intent to cause a public servant to use lawful power to the injury of another person, while Section 353 concerns statements conducing to public mischief.

Arrest Before Notice Deadline

The Whitefield Police subsequently issued Gowda a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on August 5, directing him to appear before the police within three days.

Section 35(3) provides for the issuance of a notice of appearance in cases where immediate arrest is not considered necessary, including certain offences carrying imprisonment of up to seven years.

However, according to the proceedings before the High Court, the police travelled to Udupi and took Gowda into custody before the expiry of the three-day period specified in the notice.

Gowda then approached the Karnataka High Court challenging the police action.

DCP, ACP Summoned

Taking note of the circumstances surrounding the arrest, the High Court directed the Deputy Commissioner of Police (DCP), the Assistant Commissioner of Police (ACP) and the police constable involved in Gowda’s arrest to remain personally present before the Court on August 29.

The Court further warned that if the DCP failed to appear, the Commissioner of Police would be summoned.

“In the event the DCP would not be present, this Court would be constrained to summon the Commissioner to set his house in order,” the order stated.

The proceedings have consequently raised broader questions over police procedure, the safeguards governing arrests, and the limits of criminal action over social-media posts expressing political or religious views.

The High Court’s observations also put the spotlight on the conduct of the Whitefield Police Station, particularly its alleged practice of arresting individuals before the expiry of the appearance period specified in notices issued under Section 35(3) of the BNSS.

Postscript:
From the Tweet of Adv. Amita Sachdeva (AOR, Supreme Court)
What happens when the police forget that the Constitution applies to them too?

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_Inputs from Bar and Bench.