SC must also trust the public, says comedian

The caricatures posted by her on social media account were intended to denigrate the Supreme Court and lower its authority in the eyes of the public, the Attorney general had recorded while permitting the contempt petition against her.

Since she had not replied, the court gave her three more weeks to respond, fixing the next hearing on Februar y 22. Appearing on her behalf, senior counsel Mukul Rohatgi said the foundation of the court is strong and criticism of the court can never be a contempt, that too by a 25-year old girl. The court agreed with him that its foundation is strong, but such allegations are made of ten and so she must first reply. Those facing criminal contempt are required to be present in the court, but a Bench of Justices Ashok Bhushan, R S Reddy and M R Shah, deviated by exempting both Kamra and Taneja from their personal appearance in the hearing.

Mincing no words, Kamra said the idea that any institution of power in a democracy is beyond criticism is like saying that the migrants need to find their way back home during an ill-planned nationwide lockdown. Such an idea is irrational and undemocratic, he said. "Just as the Supreme Court values the faith that public places in it, it should also trust the public not to form its opinions of the court on the basis of a few jokes on Twitter," the affidavit said.

Kamra wanted the top court to realise that "jokes are cracked on the basis of a comedian’s perception;" they are intended to make people laugh but many people do not react to jokes which do not make them laugh like the political leaders who ignore their critics.

"Humour attempts to blunt the grimes of the situation and offers a measure of comfort to

the afflicted," he affirmed, stating that if the court feels that he has crossed the line and wants him to shut down his internet posts, "I will write Happy Independence Day post cards ever y August 15 just like my Kashmiri friends." Disputing the concept that the judges are unable to discharge their duties "only on account of being subjected to satire or comedy," the comedian referred to a growing culture of intolerance in the countr y where taking offense is seen as a fundamental right and has been elevated to a status of a much loved national indoor sport.

Referring to the case of comedian Munawar Faruqui, the affidavit said: "We are witnessing an assault on freedom of speech and expression with comedians like Munnawar Faruqui jailed for jokes they have not made and school students being interrogated for sedition. At such a time I hope this court will display that freedom of speech and expression is a cardinal principle."

The tweets for which the AG had granted consent, dubbing the comedian's remark in "bad taste" are:

• The Supreme Court of this countr y is the most Supreme joke of this countr y...

• The pace at which the Supreme Court operates in matters of “national interest,” time we replace Mahatma Gandhi’s photo with that of senior advocate Harish Salve...

• (Justice) DY Chandrachud is a flight attendant ser ving champagne to first class passengers af ter they’re fast tracked through, while commoners don’t know if they’ll ever be boarded or seated, let alone ser ved.

• 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 lef t the building long back...

• Kamra had also posted a morphed image of the Supreme Court building with an orange shade and depicting a BJP flag hoisted in the foyer of the Supreme Court. it is