Stand-up comedian Kunal Kamra has approached the Supreme Court seeking permission to intervene in a case examining the scope of legislative privileges and their relationship with the fundamental right to freedom of speech and expression.
Kamra has sought to become a party in the case of N Ravi and Others vs Speaker, Legislative Assembly, Chennai, which is pending before a seven-judge Bench. The case involves questions over the interplay between legislative privileges under Article 194(3) of the Constitution and the rights guaranteed under Articles 19(1)(a) and 21.
His intervention plea comes against the backdrop of breach of privilege proceedings pending against him before the Maharashtra Legislature over a satirical performance in his comedy show Naya Bharat. The performance referred to the 2022 political developments in Maharashtra, including the split in the Shiv Sena, the resignation of then Chief Minister Uddhav Thackeray and the subsequent formation of a government led by Eknath Shinde. Kamra also reportedly referred to Shinde as "Gaddar" during the performance.
The performance led to breach of privilege proceedings on allegations that Kamra had disrespected and insulted Shinde. A separate criminal case was also registered against him. Kamra has challenged the criminal case before the Bombay High Court, which had stayed his arrest while the matter remains pending.
In his Supreme Court plea, Kamra has argued that the use of legislative privilege against citizens for commenting on the actions of elected representatives could have a chilling effect on freedom of speech. He has said that the issue affects not only journalists and members of the press but also ordinary citizens who wish to comment on the conduct of legislators.
Kamra has also submitted that the privilege proceedings have made it difficult for him to secure venues for his comedy shows in Mumbai and that he faces the possibility of similar proceedings if he comments on the actions of legislators in the future.
The case before the Supreme Court traces back to a 2003 resolution of the Tamil Nadu Legislative Assembly against senior journalists of The Hindu over an editorial criticising the then state government. The Supreme Court had earlier noted that the dispute raised substantial questions concerning Article 194(3) and its relationship with Article 19(1)(a) and Article 21.
The matter was subsequently referred to a seven-judge Bench. The hearing is scheduled to begin on October 6, with arguments expected to conclude by October 15.
