Criminal Complaint Filed Against Kunal Kamra Over Tweet 'Insulting' Indian Flag: Varanasi Court To Pronounce Order On Feb 27

A court in Varanasi district of Uttar Pradesh will be pronouncing its order, on February 27, on a criminal complaint case filed against Comedian Kunal Kamra alleging that he insulted the Indian flag by tweeting a morphed picture of the Supreme Court replacing the tricolour atop it with the flag of a political party.

The complaint, filed by Varanasi-based Advocate Saurabh Tiwari in 2022, alleges that Kamra had deliberately & intentionally acted to disrepute & disrespect the Indian National Flag by replacing it with the flag of a National Political Party (BJP).

This complaint case was filed soon after the Allahabad High Court, in April 2022, refused to interfere in a plea challenging a magistrate court's order, passed in December 2020, dismissing an application filed by Tiwari under Section 156(3) CrPC seeking FIR against stand-up comedian Kunal Kamra for his tweet, which allegedly insulted the Indian flag. 

In its order, the Court had observed that since the 156(3) Cr.P.C. application had been rejected, therefore, in the light of the judgment of Apex Court in the case of Sakiri Vasu Vs. State of U.P. and others (2008) 2 SCC 409, petitioner-Tiwari had an alternative remedy (under Section 200 of CrPC) to invoke the proper proceedings against the proposed accused if so advised. Following this, he moved before a Court of Judicial Magistrate in Varanasi.

In the complaint, Complainant-Tiwari has prayed the Court to take cognizance of the offences under Section 2 of the Prevention Of Insults To National Honour Act and Section 67 of the IT (Amendment) Act , 2008 & Section 153B & 505 against Kamra, to summon him and to put him to trial.

It may be noted that the Supreme Court in December 2020 issued notice to comedian Kunal Kamra on the petitions seeking criminal contempt action against him for his tweets made about the top court and judges.