38.6c New Delhi, India, Thursday, April 18, 2024
Judiciary

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

By Dolly Chhabda      02 October, 2021 03:08 PM      0 Comments
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 present an application before the Supreme Court", Kushwaha said, and dismissed the criminal revision plea.

The court further asked lawyer Saurabh Tiwari to file an application before in the Supreme Court regarding the matter filed earlier, if he wishes to be party in the contempt proceedings. 



Share this article:



Leave a feedback about this
TRENDING NEWS

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM

TOP STORIES

two-day-conference-on-april-on-technology-and-dialogue-between-sc-and-singapore
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM
lsj-exclusive-interview-how-bjp-govt-will-free-chhattisgarh-from-naxal-menace
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
sc-rejects-review-of-order-to-pay-rs-154-cr-compensation-to-ex-air-force-staff-for-transfusion-of-hiv-infected-blood
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
cji-cautions-against-overlooking-ethical-legal-consideration-on-use-of-ai-in-court-adjudication
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email