An FIR was filed against the stand-up comedian for morphing a picture of the Supreme Court by adding a saffron tint to the building and replacing the tricolor with the flag of Bhartiya Janta Party. He also made controversial comments on the apex court, calling it ‘the most supreme joke of the country’ and ‘honor has left the supreme court long back’. on popular social networking site Twitter.
Kunal Kamra had previously stated that his comments were meant to be taken as a joke and catered to people who share the same humor and perception as him and intended to raise awareness about contemporary issues with Indian democracy, not disrespect the court.
Decision of Sessions Court
Assistant Sessions Judge Anuradha Kushwaha issues a notice of a revised petition against an order by the magistrate that dismissed a criminal complaint against mainstream comedian Kunal Kamra by stating that it was beyond the local jurisdiction.
Aggrieved by the local police not registering an FIR, Advocate Saurabh Tiwari had approached the court of the magistrate to seek a direction. After the magistrate dismissed the plea, Advocate Tiwari moved to the sessions court in Varanasi.
1.Kunal’s tweet disrespected the national flag and hurt the national sentiments of the citizens of the country.
2. Kamra should be for his actions under Section 2 of the Prevention of Insult to National Honour Act, 1971 and Section 153 B (prejudicial to national integrity) and Section 505 (public mischief) of the Indian Penal Code of 1860.
3. In the case of social media, an offense is considered to have taken place anywhere the contents of the social platform are available, which in this case were Kumal Kamra’s controversial remarks on Twitter which were available to be seen in Varanasi as well.