MUMBAI: As the hearing in the breach of privilege motion against stand-up comedian Kunal Kamra and Shiv Sena (UBT) leader Sushama Andhare gets underway, both Kamra and Andhare have defended themselves, saying were exercising their “fundamental right of expression”. In their replies, they have also cited previous cases to bolster their stand.
Judging by past experience, legal experts believe Kamra and Andhare are on firm footing. They were referring to similar cases against media personalities Shoba De and Arnab Goswami, who moved court in their respective cases.
Notices were served to Kamra and Andhare in July last year, for making allegedly derogatory remarks against deputy chief minister Eknath Shinde. They have replied to the privileges committee of the state legislature, stating that they have violated no laws.
Kamra replied through his Mumbai-based advocate, while Andhare personally replied to the notice. “They have cited rulings by the Supreme Court in their replies, and underlined their fundamental rights as citizens of India,” said an official from the Vidhan Bhavan.
The breach of privilege motion was moved by BJP MLC Pravin Darekar on the last day of the budget session last year. It claimed Kamra had insulted Shinde by referring to him as a “turncoat” in a satirical song published online. Andhare is in the dock for endorsing Kamra’s stand-up act.
Kamra and Andhare were summoned before the committee headed on Thursday, but the hearing was postponed after Andhare requested more time.
According to officials from the state legislature as well as legal experts, the case being made out by the legislature stands on shaky ground. “The Supreme Court, in a verdict in March 2024, had made remarks in the Sita Soren vs Central Government and other cases. The court had pointed to the restricted powers of legislators under the breach of privilege process. It had stated that ‘the privilege of an individual member only extends insofar as it aids the House to function and without which the House may not be able to carry out its functions collectively’,” said a member privy to the development.
Referring to similar cases in the past, the officials said cases against writer and columnist Shobha De and journalist Arnab Goswami remained undecided. De was served a notice in April 2015 by the legislature after a motion was moved against her for a tweet criticising the government for its decision to force multiplexes to allot prime-time slots to Marathi films. De moved the Supreme Court, which stayed the notice and asked her to submit her reply to the legislature.
“The notice had been served by the then speaker and the matter was not referred to the breach of privileges committee. After the SC ruling and De’s reply, the case was never pursued,” said the officer.
Similarly, Arnab Goswami was given relief in November 2020, after the state legislature served him a notice for criticising the Uddhav Thackeray government in the Sushant Singh Rajput death case.
After the apex court rapped the secretary of the legislature for the language of the notice, no further action was taken against Goswami. Since the Thackeray government was dissolved in June 2022, the case in the assembly became null and void.
The most recent case of breach of privilege was against supporters of MLAs Jitendra Awhad (NCP-SP)and Gopichand Padalkar (BJP) for indulging in a scuffle on the Vidhan Bhavan premises on July 17 last year.
The committee, headed by Shiv Sena MLA Narendra Bhondekar, has recommended civil imprisonment of two days to Nitin Deshmukh, a supporter of Awhad, and Sarjerao Takle, a supporter of Padalkar. The report was tabled during the winter session of the legislature, and the duo will serve their sentence during the forthcoming budget session, starting February 23.