Comedian Kunal Kamra Approaches Supreme Court On Issue Concerning Legislative Privileges

 

 

Stand up comedian Kunal Kamra has approached the Supreme Court seeking to intervene in a case on the interpretation of legislative privileges of MLAs and their impact on free speech.

The stand-up comedy created controversy over jokes targeting Maharashtra Deputy Chief Minister Eknath Shinde. BJP legislator Pravin Darekar moved a breach of privilege notice against Kamra and Shiv Sena (UBT) spokesperson Sushma Andhare.

Kamra, in his plea, contended that he is directly affected by the questions of law before the top court because of the privilege proceedings pending against him in the Maharashtra State Assembly over his stand-up comedy special "Naya Bharat."

 

On October 6, a seven-judge constitution bench will commence hearing on the interpretation of provisions related to the scope of legislative privileges of MLAs and its effect on the freedom of speech and expression. Kamra contended that the exercise of legislative privilege "to stifle" the speech of citizens strikes at the heart of democracy.

Kamra’s plea contended that the applicant believes that his case demonstrates that the exercise of legislative privileges affects not only the freedom of speech and expression of members of the press, but also of any citizen who wishes to speak about the actions of members of the legislature.

 

In 2003, the issue concerning the interpretation of provisions related to the scope of legislative privileges of MLAs and their interplay with the fundamental right to freedom of speech and expression was referred to a five-judge bench.

In December 2004, the five-judge bench was informed about the conflicting views on the issue from two separate benches, which recommended placing the matter before a seven-judge bench for authoritative determination.

The case pertains to 2003 when journalist N Ravi and others approached the top court after Tamil Nadu Assembly Speaker K Kalimuthu ordered their arrest for alleged breach of privilege and contempt.