‘We Are Witnessing an Assault on The Freedom of Speech and Expression: Kunal Kamra Refuses to Apologize For Contempt
(Judicial Quest News Network)
The stan-up comedian Kunal Kamra in his affidavit submitted in Supreme Court said that I believe there need be no defence for jokes. Jokes are based on a comedian’s perception, which they use to make the audience that shares perception laugh.
Kamra, who is facing contempt of court case in Supreme Court, stated on affidavit that public’s faith in the judiciary is founded on the institution’s own actions and not on any criticism or commentary about it.
“The Suggestion that my tweets can shake the foundation of the most powerful Court of the world is an overestimation of my abilities. Just as the Supreme Court values the faith public places in it, it should also trust the public not to form its opinions of the Court on the basis of a few jokes on twitter. The public’s faith in judiciary is founded on the institution’s own actions and not on any criticsm or commentary about it.” The affidavit filed by Kamra said.
The Affidavit is filed through Advocate Pritha Srikumar Iyer
He further submitted that to believe any institution of power in a democracy is beyond criticism is like saying migrants need to find their way back home during an ill- planned, nationwide lockdown: it is irrational and undemocratic. Judges of our constitutional courts are amongst the most power full people in our country. They have extra ordinary powers over the fundamental rights and lives of citizens of this country and their office and tenure are constitutionally protected to shield them from political interference.
Kamra had posted a picture of Supreme Court dressed in saffron color with the flag of the ruling party, the BJP, He also published several controversial remarks against the Supreme Court such as “honor has left the building (Supreme Court) long back’ and ‘Supreme Court of the Country is the most Supreme Joke of the Country.
The Supreme Court on December, 8 had issued notice to comedian Kunal Kamra on the petition filed by Abhyuday Mishra, skand Bajpai and Srirang Katn eshwar seeking criminal contempt action against him for his tweets made about the top court and judges.
Kamra had published in his reply that his tweets were not published with the intention of insulting the Court but to draw its attention to and prompt an engagement with issues that he in the judiciary cannot be shaken by any criticism or commentary but only by the Courts own actions and accused.
On November 12, finding Kamra’s tweets to be highly objectionable, the AG granted his consent under Section 15(1)(b) of the Contemp of Court Act, 1971 to initiate criminal contempt, he said.
“I find today people believe that they can boldly and brazenly condemn the Supreme Court of India and its judges by exercising what they believe is their freedom of speech. But under the constitution of India the freedom of speech is subject to the law of contempt and I believe that it is a time that people understand that attacking the Supreme Court of India unjustifiably and brazenly will attract punishment under the Contempt of Court Act, 1972.
Kamra while responding to the action (contempt of court) by Supreme Court against him suggested through his tweets that time required for hearing may be spent on other important pending matters such as “demonetization petition. A petition challenging the revocation of J&K’s Special status, the matter of the legality of electoral bonds. Or countless other matters that are deserving of more time and attention.
