Bombay HC Quashes Flag Dishonour Case Against 85-Year-Old Man, Says Mere Presence Not Crime

Mumbai, Feb 24: Mere presence at a ceremony where the tricolour was unfurled upside down does not constitute a crime, the Bombay High Court observed while quashing a criminal case against an 85-year-old man who was accused of dishonouring the national flag.

Visit asg-reflektory.pl for more information.

Justice Ashwin Bhobe, on Monday, while quashing the case, said no case was made out, noting that there was no material on record to show that the octogenarian had intended to disrespect the national flag. The accused was merely present during the Republic Day celebration at his residential society, the court said.

In January 2017, a case was registered against V.K. Narayanan at Tilak Nagar Police Station under the provisions of the Prevention of Insults to National Honour Act.

Flag found unfurled upside down

According to the complaint, residents, including the accused, had gathered in their housing society, Shri Rajani Society, for the Republic Day celebration. In the evening, police patrolling the area noticed that the tricolour had been unfurled upside down, following which a case was registered against the senior citizen and five other residents of the society.

Narayanan, in his plea, contended that he is a senior citizen suffering from age-related ailments. He claimed that he was not the one who unfurled the flag but was only present at the ceremony. Moreover, his plea added that the terrace of the housing society, where the flag was unfurled, did not fall within the domain of public space.

Intent necessary to constitute offence

The court, in its order, noted that the FIR merely alleged that the applicant was present at the ceremony and that there was nothing to indicate that he had unfurled or displayed the tricolour.

“Similarly, there is no material on record to show that any act of the applicant was intended to insult or show disrespect to the honour of the national flag,” it held.

Also Watch:

Bombay HC Lifts Stay On Banks’ Fraud Classification Action Against Anil Ambani And Reliance Communications, Says RBI Norms Protect Public Money

The judge emphasised that to constitute an offence of dishonour to the flag, the act must be intentional. “Mens rea (intent) to cause insult or disrespect, or to bring the Indian National Flag into contempt, would be required,” the court said.

It added that his mere presence at the place of hoisting of the tricolour would not amount to an offence under the Prevention of Insults to National Honour Act.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/

Read full story at source