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Synopsis

The Chief Justice of India Justice DY Chandrachud today recused himself from hearing the contempt case registered against Kunal Kamra's for his tweets against the Supreme Court of India.

While recusing himself, CJI Chandrachud remarked that the case would be placed before a bench of which he was not a part as Kamra's comments were made on an order passed by him.

On 18th December 2020, the Top Court had issued a notice to Kunal Kamra in petitions filed by Shrirang Katneshwarkar, Nitika Duhan (both law students), and three lawyers, Amey Abhay Sirsikar, Abhishek Sharad Raskar, and Satyendra Vinayak Muley seeking criminal contempt action against him for his derogatory tweets against the Judiciary under the Contempt of Courts Act,1972 and Article 129 of The Constitution of India,1950. 

The following were the four tweets :

1. The Supreme Court of this country is the most Supreme joke of this country...

2 . The pace at which the Supreme Court operates in matters of “National Interests” it’s time we replace Mahatma Gandhi’s photo with Harish Salve’s photo...

3. 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.

4. 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...

Along with the tweets, Kamra had posted a morphed saffron-colored image of the Supreme Court building with a BJP flag hoisted in the Court's foyer. 

The petitioners approached the (AG) KK Venugopal on 11th November 2020 under Rule 3(c) of The Rules To Regulate The Proceedings For Contempt Of Court,1975 for his consent for filing contempt petition against Kamra. The AG, while granting his consent in writing concerning the petition, said that: “under the Constitution, the freedom of speech is subject to the law of contempt and I believe that it is time that people understand that attacking the Supreme Court of India unjustifiably and brazenly will attract punishment under the Contempt of Courts Act, 1972.” 

Responding to the proceedings, Kamra said that the suggestion his tweets could shake the foundations of the most powerful court in the world is an overestimation of his abilities. The intention of publishing his tweets was not to diminish the people's faith in the highest court of our democracy, he claimed. 

Case Title: Shrirang Katneshwarker and Ors vs. Kunal Kamra