MUMBAI: The state government’s law and judiciary department has cautioned the state legislature about the breach of privilege motion moved against stand-up comedian Kunal Kamra for his comments on deputy chief minister Eknath Shinde. In its report, the department has reportedly stated that Kamra’s satirical performance does not amount to a breach of privilege although the language he used in his replies to the privileges committee was offensive and warranted a pull-up.
A Mantralaya official said that the law and judiciary department cited various cases, including ‘Sita Soren vs Union of India’, in which the Supreme Court ruled in 2024 that lawmakers do not enjoy immunity from prosecution for bribery under Articles 105(2) and 194(2) of the Constitution. “The report concludes that the fundamental right to freedom of speech and expression under Article 19(1)(a) must be considered, and the privileges committee should thus proceed cautiously. the legislature expects a similar opinion from him While Sathe is yet to submit his opinion. “Once both opinions are available, a final meeting of the committee will be held before its report is submitted during the winter session. The report has, however, recommended reprimanding Kamra for the language used in his submissions. “He has ridiculed the legislators who moved or supported the motion, suggesting that they do not understand satire and freedom of speech. Similar language, reflecting no remorse, was used in his second submission as well.
“He is likely to submit it in the next few days,” said an MLA. “The court has also referred to other cases, including P V Narasimha Rao and Amrinder Singh, heard by various courts in connection with legislative privileges,” he added. “His submissions are arrogant and offensive,” the official said. “A section of officials in the state legislature believes that the legislature should have a separate law governing its privileges rather than relying solely on the relevant constitutional provisions,” said another official.
The law and judiciary department has pointed out that he could be made to appear before the legislature for this and reprimanded. Officials in the state legislature are also mindful of the earlier privilege motions involving author Shobhaa De and journalist Arnab Goswami, who had approached the Supreme Court, putting the state legislature on the backfoot.
