Lawstreet Journal

Varanasi Court Upholds Dismissal of Criminal Complaint Against Kunal Kamra for His 'Indian Flag' Tweet

Lawstreet Journal 2 Oct 2021 8:38pm

Image courtesy: Lawstreet Journal Judiciary Varanasi Court Upholds Dismissal of Criminal Complaint Against Kunal Kamra for His 'Indian Flag' Tweet

Comedian Kunal Kamra is again facing contempt proceedings for another tweet in which he had posted a picture of the Supreme Court with the tricolour atop the court’s building was replaced with the BJP’s flag. 

Lawyer Saurabh Tiwari, filed a criminal revision plea against Kunal Kamra, for tweeting the picture which insulted the Indian Flag. The revision plea was heard and after hearing both the sides Additional District Judge/Fast Track Court-2, Varanasi Aradhana Kushwaha, rejected the plea and upheld the court’s order. 

In December 2020, the court of judicial magistrate, dismissed the lawyer’s complaint as the offence was not committed within its local jurisdiction. The magistrate said: 

“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.”

Additional District Judge Kushwaha noted that the judicial magistrate’s decision 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.”

She also said that since a contempt plea has already been filed before the Supreme Court, pursuant to the consent granted by the attorney general for India K.K. Venugopal, it would “serve no purpose for conducting a trial in the district court against him”. 

"If Tiwari wishes to become a party in the contempt proceedings in the apex court, he can… Continue Reading...

Tagged: Varanasi Court   Kunal Kamra  
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