Kamra, Andhare deny charges in reply to breach of privilege notice

Comedian Kunal Kamra and Shiv Sena UBT leader Sushma Andhare have denied the charges of breach of privilege against them in responses filed before the privileges committee of the Maharashtra Legislative Council.

Both were issued notices after Mr. Kamra’s parody song against then Chief Minister, and now Deputy Chief Minister, Eknath Shinde, allegedly referred to him as ‘gaddar’ or traitor. They sent their written replies last week.

“How is ‘gaddar’ unparliamentary,” Ms. Andhare asked in a 28-page document which consisted of a five-page reply and a 23-page attachment of the two lists of unparliamentary words as declared by the Maharashtra Legislature in 1984 and 1999. Mr. Kamra and Ms. Andhare have said that the action against them is mala fide in intent.

“Both of them have given their replies. As the chairperson of the committee, I feel they have filed similar responses, which are not in consonance with the format we expect. We have sent their replies to the legal department for their opinion. Further action will be taken thereafter,” Prasad Lad, chairperson of the privileges committee, told The Hindu.

“It is an established principle – constitutional and commonsensical – that the legislature’s power to initiate privilege proceedings exists to protect the proper functioning of the democratic institution. Similar to a court’s power to punish for criminal contempt (which I have some familiarity with), parliamentary privilege can only be exercised if the impugned actions demonstrably and substantially interfere in the functioning of the relevant organ of state. Indeed, your notice does not evidence any such interference. It merely alleges that by singing a song, and adopting a sarcastic manner, I have belittled and disrespected the Deputy Chief Minister of the state. It also alleges that by this song, I have insulted the House, its 288 members and have attempted to provoke its members,” Mr. Kamra’s one-page reply said.

While delving on the usage of the word ‘gaddar’, he said the word had been used against prominent politicians in the past as well. “The only possible distinction is that they have used the term ‘gaddar’ in heated political speeches, while I sang it to the mellifluous tune of the hit Bollywood song ‘Bholi Si Surat’… I would respectfully suggest that if a parody of a famous Bollywood song has disrupted or affected the functioning of the Maharashtra legislature, then the breach of privilege is by the members of the House who find themselves so easily provoked, and not by me,” he said.

Ms. Andhare said that if she had not used any of the unparliamentary word against any member of the legislature, how could she be accused of using it. She said that the expression ‘mirchya zombtat’ (loosely translated as getting miffed) was used for those who had attacked ‘Habitat’ studio, where Mr. Kamra had performed, and not for the legislators. She further said that Mr. Shinde had himself never filed any defamation complaint or issued any notice to her. Saying that as per law, only the one who is offended can decide if he is defamed or not, she added there was no action on his part to show that she had offended him.