‘You have impleaded only one person’: HC rejects Sena MLA’s petition aimed at Kamra

MUMBAI: The Bombay high court on Wednesday disposed of a petition filed by Shiv Sena MLA Kiran Samant, which alleged that public personalities like stand-up comedian Kunal Kamra posted provocative material on digital platforms to gain traction and financial benefits, thereby abusing constitutional freedom and undermining the dignity of judicial institutions.

The petition impleaded Kamra as a respondent, for publishing contemptuous material on YouTube, and the union of India and Google LLC, for failing to regulate such content. But the court raised questions about the “selective targeting” of Kamra, saying, “You have impleaded only one person. There are several others who say things about judiciary. You haven’t impleaded them.”

The petition, filed on April 16, 2025, sought urgent judicial intervention to address the “growing misuse of digital platforms by public personalities”. It accused such personalities of commercialising and disseminating derogatory, scandalous, and contemptuous content against the Indian judiciary while operating under the guise of free speech. It also accused Kamra of using the liberties provided under the free speech regime for furthering monetary gains.

“Despite the existence of legal frameworks such as the Information Technology Act, 2000, and intermediary guidelines that mandate responsible content moderation, the inaction of the respondents has emboldened individuals to commercialise such irresponsible content that directly undermines democratic institutions,” the petition noted.

The petition contended that Kamra had consistently ridiculed and undermined the dignity of courts and judges with an intent to perpetuate lawlessness. It cited as examples Kamra’s posts on social media platform X (formerly Twitter) from 2020 and his stand-up comedy shows from 2022.

On Wednesday, Samant’s counsel claimed that Kamra’s statements were contemptuous in nature and had tarnished the image of people. “They make lots of money by doing this and lead by example,” the lawyer stated.

Senior advocate Darius Khambata, representing Kamra, said the petition was an attempt to bypass pending proceedings in the Supreme Court, where Kamra has challenged the notification of a government fact check unit under the IT Rules, 2023.

The division bench of justices Alok Aradhe and MS Karnik said that while the reliefs sought in the petition were general in nature, the MLA had the power to approach the nodal officer to block such content on social media platforms.

“If law is breached, you take action. We do not know how to grant relief. There are remedies prescribed under the Information Technology rules,” the court said.

“The petitioner himself is a lawmaker, and it is open for him to take appropriate action,” the court said, disposing of the petition. It granted liberty to Samant to approach the Ministry of Information & Technology for disclosure of information on the steps taken by them to enforce these rules under the IT Act.