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A local lawyer whose petition seeking prosecution of Obama for his remarks on “religious intolerance” in India was struck down by a local court last month, today moved Allahabad High Court challenging the lower court order.Sushil Kumar Mishra, whose petition dated February 9 was dismissed by Judicial Magistrate Neelima Singh on February 10, filed a criminal revision petition at the High Court’s registry contending that the lower court had erred in rejecting his complaint against Obama on the ground of diplomatic immunity.

Mishra has claimed that as per Article 361 of the Constitution, criminal proceedings could not be initiated against “only President of India and Governors of states” and that Obama in his capacity as the head of a foreign state “enjoyed no immunity”.The petition is likely to come up for hearing before a bench later this week. Obama has said religious intolerance in India would have shocked Mahatma Gandhi.

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