Varanasi Court Upholds Dismissal Of Criminal Complaint Against Kunal Kamra For His 'Indian Flag' Tweet

A Varanasi Court today dismissed a criminal revision plea filed by a local Lawyer Saurabh Tiwari against a magistrate's order dismissing a criminal complaint against stand-up comedian Kunal Kamra for his tweet, which allegedly insulted the Indian flag.Kamra had tweeted a morphed picture of the Supreme Court replacing the tricolor atop it with the flag of a political party.The revision plea was heard and after the exchange of pleadings, Additional District Judge/Fast Track Court-2, Varanasi Aradhana Kushwaha rejected the plea and upheld the order of the court below.Earlier in December 2020, the Court of Judicial Magistrate Diwakar Kumar had dismissed the complaint as the alleged offence was not committed within its local jurisdiction."After taking into consideration of the whole facts and circumstances of the case this Court is of the view that alleged offence does not appear to have been committed within the jurisdiction of this Court. In such circumstances above application U/s 156(3) Cr.P.C. deserves to be dismissed," the Judge said.No Jurisdiction: Varanasi Court Dismisses Criminal Complaint Against Kunal Kamra Which Alleged That His Tweet Insulted Indian FlagThe Additional District Judge observed in her order that the decision arrived at by the Judicial Magistrate was in conformity with jurisdictional principles of law and was proper in view of the provisions of the Criminal Procedure Code and the IT Act.The Judge also noted that since contempt proceedings have already been instituted before the Supreme Court pursuant to the consent granted by the Attorney General for India for initiating contempt action against the comedian, therefore, it would serve no purpose for conducting a trial in the district court against him.The Court further asked the petitioner/lawyer (Saurabh Tiwari) to present an application before the Supreme Court case in case he wishes to indulge himself as a party in the contempt proceedings before the Top Court.Lastly, finding no infirmity in the Judicial Magistrate's order dated 23 December, 2021, the Court dismissed the criminal revision plea.Click Here To Download OrderRead Order

Varanasi Court Upholds Dismissal Of Criminal Complaint Against Kunal Kamra For His 'Indian Flag' Tweet

Sparsh Upadhyay

Tags