Syed Khalique Ahmed | India Tomorrow
NEW DELHI—Stand-up comedian Kunal Kamra, against whom a contempt of court case has been filed in the Supreme Court in connection with his tweet criticizing Supreme Court Judge D Y Chandrachud in Republic TV Editor-in-Chief Arnab Goswami’s case, has found support from several social and human rights activists. The comedian has already said that he stands by his tweets and that he is not going to apologise.
Ahmedabad-based activist Fr Cedric Prakash representing NGO ‘Prashant’(Tranquility) said that Kamra could not be held liable for contempt of court simply because he had criticized the judge.
“If a citizen is not happy or satisfied with any comment of judgement of a court, he definitely has a right to give a dissenting point of view just as in many judgements, there are judges who give a dissenting verdict or point of view”, he said.
Fr. Prakash said, “I feel proud that Kamra, as a citizen of India, can exercise his fundamental right to freedom of speech and express”.
“Instead of giving him a notice of contempt of court, the powers (K K Venugopal and judges) should, in fact, award this man”, the activist said.
Jamaat-e-Islami Hind (JIH) Vice President Engineer Mohammad Salim said that Kamra had raised a very important and pertinent issue. “One might question the language used in his tweet in framing the issues but it is a fact that many more serious cases are pending in the Supreme Court that need to be heard at the earliest. They are also related to individual freedom and basic rights of citizens. Weakening of the trust of the people in judiciary has become a very serious issue and the apex court owes on it a responsibility to strengthen the trust of the people in the highest court of the land and it should appear that no one is privileged before the court”, said the JIH leader.
Former chairman of Delhi Minorities Commission (DMC) Dr. Zafarul Islam Khan, supporting the stand of Kamra, said, “the comedian is right, talking sense”.
“You may differ with his language. But I support the issue that he has raised. This is a very valid issue. Why treat some people more unequal?”, he stated.
President of All India Muslim Majlis Mushawarat (AIMMM) Navaid Hamid, commenting on it, said, “Unfortunately, some of the Supreme Court judges have forced people to develop impression that the SC has become a court of the privileged people. The issue of Arnab Goswami and (Kunal) Kamra needs to be seen in the light of the indifferent attitude of the Supreme Court in matters pertaining to several hundred pending petitions of national interest and involving personal liberty of those who have become constitutional warriors since last so many years. It is unfortunate that this kind of impression has been created and has strengthened in the mind of the people because of the post-retirement benefits to some of the honourable judges of the SC”.
Throwing his weight behind Kamra, retired IPS officer S R Darapuri said that “individual freedom” as referred to by the Supreme Court in Arnab Goswami’s case be applied equally to all cases. “Why no bail was granted to octogenarian Varavara Rao, advocate Sudhar Bhardwaj and Anand Teltumbde? They are not absconders. They won’t run away”, he said.
“Arnab is facing a criminal case pertaining to alleged abetment to suicide. There are many people with less serious charges against them. But they don’t get bail. Why the Supreme Court is not bothered about them?” he commented.
As for Kamra’s comment, Darapuri said the court should go with the motive behind the statement. “The motive of the tweet is to bring to the notice of the court and public at large that some people are being given preferential treatment, ignoring the deserving cases. There needs to be equality before law”, the former IPS officer said.
After a vacation bench of the Supreme Court granted interim bail to Arnab Goswami in an alleged abetment to suicide case, Kunal had tweeted “(Justice) DY Chandrachud is a flight attendant serving champagne to first class passengers after they’re fast tracked through, while commoners don’t know if they’ll ever be boarded or seated, let alone served”.
Following this, Attorney General K K Venugopal received several letters with a request to initiate contempt of court proceedings against the comedian. He granted his consent in as many as eight cases for initiating contempt proceedings saying that Kamra’s tweets were “” not only in bad taste but clearly cross the line between humour and contempt of court”.
After this, two law students-Shrirang Katneshwarkar and Nitika Duhan and advocates Amey Abhay Sirsikar and Satyendra Vinayak Muley, filed a plea in the Supreme Court seeking contempt action against karma for “scandalizing” and “lowering the authority” of the court.
However, Kamra has not changed his stand on the issue. In his reply sent to K K Venugopal, Kamra said, “My view has not changed because the silence of the Supreme Court of India on matters of other’s personal liberty cannot go uncriticized. I don’t intend to retract my tweets or apologise for them. I believe they speak for themselves”.
The comedian suggested to allot the time that would be used for hearing of his contempt petition to more deserving “demonetization petition, the petition challenging the revocation of J&K’s special status, the matter of legality of electoral bonds or countless other matters that are more deserving of time and attention”.Kamra further said in his letter, “The supreme Court of India hasn’t yet declared my tweets anything as of now but if and when they do I hope they have a small laugh before declaring them Contempt of Court”.
