Chief Justice of India (CJI) D.Y. Chandrachud on Thursday recused himself from hearing the case related to contempt of court proceedings against stand-up comedian Kunal Kamra for making derogatory comments against the judiciary.
The CJI said that since Kamra’s tweets were based on the verdict delivered by him, he would not hear the case against Kamra.
The Bench led by CJI Chandrachud had granted bail to Republic TV Editor-in-Chief Arnab Goswami on November 11, 2020.
As many as four contempt pleas were filed against Kamra in the Supreme Court for his disparaging remarks against the Supreme Court and its Judges.
In a series of tweets, Kamra had said:
“(CJI) 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.
“All lawyers with a spine must stop the use of the prefix ‘Hon’ble’ while referring to the Supreme Court or its judges. Honour has left the building long back.”
In yet another tweet, Kamra was seen holding up his fingers while in an aircraft with the text:
“One of these 2 fingers is for (then) CJI Arvind Bobde…ok let me not confuse you, it’s the middle one.”
The comedian further made a statement in his stand-up special on YouTube, Be Like, saying that the Apex Court was a ‘Brahmin-Baniya’ affair.
The tweets and comments led to adverse reactions from different quarters, including the fraternity. Then Attorney General (AG) K.K. Venugopal received 10 letters seeking permission to initiate contempt of court proceedings against Kamra.
Those who wrote letters included law students Skand Bajpai and Abhyudaya Mishra, apart from Advocates Shrirang Katneshwarkar and Abhishek Raskar.
Venugopal granted his consent on November 12, 2020 to initiate contempt of court proceedings against Kamra.
The Contempt of Courts Act, 1971 says that a private individual can file a contempt of court petition in the Supreme Court only after obtaining the consent of the Attorney General or the Solicitor General.
A similar consent has to be obtained from the concerned Advocate General of the State, while filing a contempt petition before a High Court.
In recent times, Kamra has faced several legal matters, ranging from criminal contempt over his social media posts and comments, to being put in the no-fly list for manhandling with Arnab Goswami on a plane.
In the present contempt of court case, Kamra had stated in an affidavit that the majesty of the top court of the country could not be not lowered by comedians like him; instead the public’s faith in the judiciary was founded on the institution’s own actions and not on any criticism or commentary about it.
(Case title: Shrirang Katneshwarkar vs Kunal Kamra)