Another trouble for comedian Kunal Kamra; contempt of national flag case registered in Varanasi Court

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A case has been filed in the Varanasi Court against comedian Kunal Kamra for allegedly insulting the Indian National Flag. Kamra had tweeted a morphed image of the Supreme Court of India building from his handle in November 2020 where he had replaced the Indian flag with the flag of the Bharatiya Janata Party.

Advocate Saurabh Tiwari moved the plea on May 6th before the Court of Judicial Magistrate-1 alleging that Kamra wilfully & deliberately replaced the tricolor hoisted atop of the Top Court to disrespect it which is a gross affront of the National Flag clearly punishable U/Sec. 2 of The Prevention Of Insults to National Honour Act, 1971.

Tiwari argued that Kamra published four contemptuous tweets on his Twitter handle and his act constitutes two separate offence – (i) contempt of court & other is (ii) disrespect & contempt to Indian National Flag. To be noted, criminal contempt proceedings against Kamra are already pending before the Top Court.

Tiwari asserted that he has filed this criminal complaint for the offence of contempt & disrespect shown to the Indian National Flag only which was done by Kamra in his fourth tweet. 

Judicial Magistrate Richa Sharma registered the Complaint Case U/s 200 on May 16 and in the order dated May 24, the judge sought the complainant's affidavit as to whether the Supreme Court has taken cognizance of the offence under the Prevention of Insult to National Honour Act,1971 or not. The case will be next heard on May 30.

Earlier, Tiwari's application u/s 156(3) Criminal Procedure Code against Kamra was dismissed by the CJM court in December 2020 against which he had moved a revision plea before the Additional District Judge/Fast Track Court. The revision plea was also rejected and Tiwari then approached the high court against the same. 

The High Court, on April 28, 2022, refusing to interfere in ADJ's decision, noted that in the light of judgement of Apex Court in the case of Sakiri Vasu Vs. State of U.P. and others (2007), Tiwari has alternative remedy to invoke the proper proceedings against Kamra, if so advised.

In view of the same, Tiwari has moved the instant plea. "In order dated 28.04.2022....Hon’ble Allahabad High Court got convinced with the petitioner's argument that JM-1 st & Session Court order is erroneous , hence Hon’ble Allahabad High Court granted the alternative remedy to the Deponent i.e Complainant to invoke the proper proceedings against the proposed accused under Cr.P.C. Section 200," his plea reads. 

Case Title: Saurabh Tiwari v. Kunal Kamra