Stand-up comedian Kunal Kamra has moved the Supreme Court, seeking to intervene in a case on the interpretation of provisions related to the scope of legislative privileges of MLAs and its effect on the freedom of speech and expression.
A seven-judge Constitution bench would commence hearing on October 6 on the interpretation of provisions related to the scope of legislative privileges of MLAs and its effect on the freedom of speech and expression.
Mr. The five-judge bench then recommended that the issue be placed before a seven-judge bench for authoritative determination. The issue concerning the interpretation of provisions related to the scope of legislative privileges of MLAs and its interplay with the fundamental right to freedom of speech and expression was referred to a five-judge bench in December 2003. In December 2004, when the matter came up before the five-judge bench, it was informed about the conflicting views on the issue by two separate benches.
Because of the privilege proceedings pending against him in the Maharashtra State Assembly over his stand-up comedy special “Naya Bharat, in his plea, the comedian submitted that he is directly affected by the questions of law before the top court.
Kamra submitted that the exercise of legislative privilege “to stifle” the speech of citizens strikes at the heart of democracy. “It is evident that substantial questions of law as to the interpretation of Articles 194(3), 19(1)(a), interplay between these two articles, Article 21 and also as to the interpretation of other provisions of the Constitution of India are involved,” the apex court had said in its December 8, 2003 order.
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.
