Court in UP’s Varanasi admits plea to register FIR against stand-up comedian Kunal Kamra for tweet

A Session Court in UP's Varanasi has admitted a revision petition filed against a Magistrate’s order dismissing a criminal complaint filed for registration of FIR against stand-up comedian Kunal Kamra, for allegedly insulting the Indian flag by allegedly tweeting a morphed picture of the Supreme Court, replacing the tricolour atop it with the flag of a political party.

The instant case is filed against a Magistrate's order which had held that the offence was not committed within its local jurisdiction.

An advocate, Saurabh Tiwari, 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, as per a report carried by Live Law.

The lawyer was aggrieved by non-registration of a FIR by the local police and had sought a direction thereof.

Dissatisfied with dismissal of those proceedings, Tiwari 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 is seen on Twitter.

He has urged that Kamra should be booked for offences under Section 2 of the Prevention of Insult to National Honour Act, 1971 and under Sections 153B (Imputations, assertions prejudicial to national-integration) and 505 (Statements conducing to public mischief) of IPC.

It is noteworthy that the Supreme Court has already issued a notice to Kamra on petitions seeking criminal contempt action against him.

The Attorney General for India had also remarked that Kamra's tweets are 'highly objectionable' and stated that it is time that people understand that attacking the Supreme Court of India unjustifiedly and brazenly will attract punishment under the Contempt of Courts Act, 1972.

However, Kamra has submitted before the top court that his tweets were not published with the intention of insulting the court but to draw its attention to and prompt an engagement with issues that he believes are relevant to the Indian democracy.