In a significant legal development, the court in Varanasi district of Uttar Pradesh is set to deliver its verdict on February 27th in a criminal complaint case against stand-up comedian Kunal Kamra. The case revolves around allegations that Kamra insulted the Indian National flag by posting a morphed image of the Supreme Court, replacing the tricolor atop it with the flag of a political party.
The complaint was filed by Varanasi-based Advocate Saurabh Tiwari in 2022 after Kamra made controversial comments on Twitter, referring to the Supreme Court as 'the most supreme joke of the country' and questioning its integrity. Tiwari also accused Kamra of disrespecting the national flag by altering images and posting them on the popular social networking site.
During the hearing held on recently in the court of ACJM III Pawan Kumar Singh, Advocate Tiwari argued that Kamra's actions fell under the ambit of the Prevention of Insults to National Honor Act, 1971, and sections 153 B (prejudicial to national integrity) and 505 (public mischief) of the Indian Penal Code.
The advocate contended that Kamra's tweet not only disrespected the national flag but also hurt the sentiments of citizens across the country. He emphasized that in the age of social media, offenses are considered to have occurred wherever the content is accessible, which, in this case, includes Varanasi.
In response, Kamra defended his remarks, stating that they were intended as satire to highlight contemporary issues with Indian democracy, rather than as a direct attack on the Court or the National Flag.
He argued that his comments were meant for an audience who shared his sense of humor and perception.
The court has set February 27 as the date for delivering its verdict in the case.
This decision is eagerly awaited by both parties and is expected to have implications for freedom of speech and expression on social media platforms in India.