'Shocked, broken': Habitat Studio decides to shut down after vandalism over Kunal Kamra show
New Delhi (PTI): Habitat Studio, a performance and event venue in Mumbai, on Monday announced that they were shutting down after Shiv Sena's workers vandalised its premises over stand-up comedian Kunal Kamra's alleged defamatory remarks against Maharashtra Deputy Chief Minister Eknath Shinde during a show.
In an Instagram post on Monday, the studio said: "We are shocked, worried and extremely broken by the recent acts of vandalism targeting us."
The studio said artists are "solely responsible for their views and creative choices" and they have never been involved in the content performed by them.
"But recent events have made us rethink about how we get blamed and targeted every time almost like we are the proxy for the performer.
"We are shutting down till we figure out the best way to provide a platform for free expression without putting ourselves and our property in jeopardy. We invite all artists, audience and stakeholders to discuss and share their views free and request your guidance so that we also respect the performers rights," the note further read.
In a previous post on Monday, Habitat Studio issued an apology to "all those hurt by this video".
"The Habitat is not involved in the making of the recent video of Kunal Kamra and it does not endorse the views expressed by it," it said.
Habitat Studio, where Kamra's show was held, is the same venue where the controversial 'India's Got Latent' show was filmed and led to major controversy last month.
A large number of Shiv Sena workers on Sunday night gathered outside Hotel Unicontinental, where the studio is located. They allegedly ransacked the studio and the hotel premises, the Mumbai Police said.
The police on Monday registered an FIR against Kamra, a comedian who has often courted controversies, for allegedly making defamatory remarks against Shinde during the show.
They also registered a case against nearly 40 Shiv Sena workers for allegedly vandalising the Khar-based venue, where Kamra's show with the "gaddaar" (traitor) jibe at Shinde was shot, as well as the hotel in whose premises the studio is located.
Amid criticism from Shiv Sena leaders, there were some who defended the comic and called out the vandalism by the party workers.
Rival Shiv Sena (UBT) MP Sanjay Raut called Kamra's latest remarks “Kunal Ka Kamal”.
Stand-up comic and lyricist Varun Grover shared the video of Shiv Sena workers vandalising the venue on his X account, writing: "Skill India. Make in India. Ease of doing business. Mother of Democracy."
Lawyer-activist Prashant Bhushan also posted the video on the microblogging site and captioned it as: "Shinde Shiv Sena showing Modi how they face criticism even in jest!"
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Liberal approach must be adopted while considering disability pension to army men: SC
New Delhi (PTI): Observing that a liberal approach must be adopted while construing beneficial provisions, the Supreme Court has granted disability pension to an army man who was relieved from the service as he was suffering from "Schizophrenia."
The top court noted that the decision of the authority to discharge a serviceman is based on a medical report which is devoid of reasons.
A bench of Justices Abhay S Oka and N Kotiswar Singh said the requirement to give reasons by the Medical Board is crucial, critical, decisive and necessary for granting or denying disability pension.
The apex court said it is not a mere formality, but a necessary material based on which the pension sanctioning authority has to decide about the grant or refusal of disability pension.
"Accordingly, in our opinion, if the serviceman is discharged from service or denied the disability pension on the basis of a medical opinion which is devoid of reasons, it would strike at the root of the action taken by the authority, and such action cannot be sustained in law.
"We, therefore, hold that if any action is taken by the authority for the discharge of a serviceman and the serviceman is denied disability pension on the basis of a report of the Medical Board wherein no reasons have been disclosed for the opinion so given, such an action of the authority will be unsustainable in law," the bench said in its judgement dated May 7 which was uploaded today.
The top court was hearing a plea filed by an army man challenging an order passed by the Armed Forces Tribunal, Regional Bench, Kochi, by which the appellant's claim for grant of disability pension was denied.
The petitioner was enrolled in the Indian Army on November 17, 1988, as a sepoy, and after serving more than nine years, he was discharged from service on being diagnosed with Schizophrenia.
His discharge on medical invalidation was based on the opinion of the Invalidating Medical Board held on March 30, 1998, at the Command Hospital, Western Command, Chandimandir which found that the onset of the invalidating disease was in August 1993 during which period the appellant had served in a peace station and that the disability was neither attributable to nor aggravated by military service and the said disease of the appellant was constitutional in nature and not connected with the service.
In its judgement, the top court said a much more liberal view needs to be adopted while dealing with the cases of discharge of servicemen from service on account of suffering from Schizophrenia as they may face several impediments and difficulties in proving the causal connection of the said disease with the military service.
"We must appreciate the fact that the provisions for grant of disability pension are in the nature of a beneficial scheme intended to provide succour to servicemen in hard times who have been discharged from service after having served the nation with dedication. Accordingly, a liberal approach must be adopted while construing such beneficial provisions," the bench said.
The apex court said in cases where the serviceman himself has not applied for discharge but has been discharged by the authority, the onus of proving the disability and grounds for denying the disability pension would lie heavily on the authority.
"Since it is the statutory requirement that the opinion of the Medical Board is to be the basis of the discharge, in our view, if the opinion of Medical Board is devoid of reasons, the act of the authority based on mere opinion sans reasons can certainly be questioned.
"According to us, if the decision of the authority to discharge a serviceman is based on a medical report which is devoid of reasons, which are required to be given as also mandated by rules as discussed above, such an act of the authority specially when it denies any post discharge benefit will be rendered invalid in the eyes of law," the bench said.
The court said it has noted that in the entire original record produced, there is no material for concluding that the appellant was suffering from Schizophrenia, which is in the nature of a constitutional personal disorder.
"Accordingly, we hold that the order of discharge of the appellant and denial of disability pension to him based on a medical opinion without providing full reasons to support the opinion cannot be said to be valid.
"The question which would arise for consideration now is whether we should remit the matter to the Medical Board at this stage for reconsideration in the light of our observations made above. We, however, feel that adopting the aforesaid course of action at this stage after about 27 years of the appellant being invalided from service on May 18, 1998, would not be in the interest of justice," the bench said.
The top court refused to disturb the order of discharge of the army man on the ground of medical invalidity due to Schizophrenia, but directed the authorities that he be granted disability pension with immediate effect with all attending benefits, as per rules.
However, the appellant will not be entitled to any arrears of invalid pension, except for the last three years, it said.
