Skip to main content
Sabrang
Sabrang
Freedom Rule of Law

Varanasi court issues notice to Kunal Kamra for allegedly insulting the National Flag

The petitioner has moved sessions court against the Magistrate’s order that had dismissed the FIR complaint against Kamra

Sabrangindia 19 Feb 2021

Kunal Kamra

A Session Court in Varanasi, Uttar Pradesh, has admitted a revision petition filed against a Magistrate order dismissing a criminal complaint filed for registration of FIR against comedian Kunal Kamra, for allegedly insulting the Indian flag, reported LiveLaw. The comedian tweeted a picture of a saffron coloured Supreme Court of India, replacing the National Flag with the flag of a Political Party.

 

 

The Court of Additional Sessions Judge Anuradha Kushwaha issued a notice on the revision petition on February 11, 2021 and the matter has been fixed for hearing on March 2, 2021. The Magistrate had dismissed the complaint on grounds that the offence was not committed within its local jurisdiction.

Saurabh Tiwari, the petitioner had approached the Court of Magistrate stating that Kamra’s actions hurt the feeling of the people of this country and cause “contempt and disrepute” to the Indian National Flag. Further, he was aggrieved by the non-registration of an FIR by the local Police, and had sought a direction thereof.

After dismissal, Tiwari has moved the Sessions Court stating that a FIR may be registered in Varanasi as the impugned actions were committed on a social media platform and hence, the offence is committed at all such places where such publication can be viewed on Twitter.

LiveLaw quoted him saying, “It is clear that offence committed on social media platform (Public Platform) and against Indian National Flag then question of jurisdiction cannot be raised because offence presumed to be committed (In Varanasi also)”.

The provisions that have been prayed by the petitioner to be invoked against Kamra are section 2 of the Prevention of Insult to National Honour Act, 1971, sections 153B (Imputations, assertions prejudicial to national-integration) and 505 (Statements conducing to public mischief) of the India Penal Code.

On the issue of criminal contempt against Kunal Kamra, the Supreme Court has also issued a notice, to which he responded on January 29. He is facing contempt charges for his alleged "contemptuous and scandalous" tweets against the judiciary and the Supreme Court of India, for which he has refused to apologise.

He has said that his tweets were not aimed to diminish people’s faith in the judiciary and that there is no defence for jokes and should not be treated as reality. His affidavit before the Supreme Court also stated that the public’s faith in the judiciary is founded on the institution’s own actions, and not on any criticism or commentary about it.

Related:

Public’s faith in judiciary is founded on its own actions, not criticism: Kunal Kamra to SC

SC issues contempt notices to Rachita Taneja and Kunal Kamra

Kunal Kamra refuses to apologise for tweets about SC

Varanasi court issues notice to Kunal Kamra for allegedly insulting the National Flag

The petitioner has moved sessions court against the Magistrate’s order that had dismissed the FIR complaint against Kamra

Kunal Kamra

A Session Court in Varanasi, Uttar Pradesh, has admitted a revision petition filed against a Magistrate order dismissing a criminal complaint filed for registration of FIR against comedian Kunal Kamra, for allegedly insulting the Indian flag, reported LiveLaw. The comedian tweeted a picture of a saffron coloured Supreme Court of India, replacing the National Flag with the flag of a Political Party.

 

 

The Court of Additional Sessions Judge Anuradha Kushwaha issued a notice on the revision petition on February 11, 2021 and the matter has been fixed for hearing on March 2, 2021. The Magistrate had dismissed the complaint on grounds that the offence was not committed within its local jurisdiction.

Saurabh Tiwari, the petitioner had approached the Court of Magistrate stating that Kamra’s actions hurt the feeling of the people of this country and cause “contempt and disrepute” to the Indian National Flag. Further, he was aggrieved by the non-registration of an FIR by the local Police, and had sought a direction thereof.

After dismissal, Tiwari has moved the Sessions Court stating that a FIR may be registered in Varanasi as the impugned actions were committed on a social media platform and hence, the offence is committed at all such places where such publication can be viewed on Twitter.

LiveLaw quoted him saying, “It is clear that offence committed on social media platform (Public Platform) and against Indian National Flag then question of jurisdiction cannot be raised because offence presumed to be committed (In Varanasi also)”.

The provisions that have been prayed by the petitioner to be invoked against Kamra are section 2 of the Prevention of Insult to National Honour Act, 1971, sections 153B (Imputations, assertions prejudicial to national-integration) and 505 (Statements conducing to public mischief) of the India Penal Code.

On the issue of criminal contempt against Kunal Kamra, the Supreme Court has also issued a notice, to which he responded on January 29. He is facing contempt charges for his alleged "contemptuous and scandalous" tweets against the judiciary and the Supreme Court of India, for which he has refused to apologise.

He has said that his tweets were not aimed to diminish people’s faith in the judiciary and that there is no defence for jokes and should not be treated as reality. His affidavit before the Supreme Court also stated that the public’s faith in the judiciary is founded on the institution’s own actions, and not on any criticism or commentary about it.

Related:

Public’s faith in judiciary is founded on its own actions, not criticism: Kunal Kamra to SC

SC issues contempt notices to Rachita Taneja and Kunal Kamra

Kunal Kamra refuses to apologise for tweets about SC

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Archives