Moti Lal Yadav Vs Union of India Thru. Its Secy. Ministry of Home New Delhi and 4 Others — Allahabad HC (2025) — LawSathi Research

Moti Lal Yadav Vs Union of India Thru. Its Secy. Ministry of Home New Delhi and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No mandamus writ as prayed was issued. The PIL was disposed of on the court's observations that the State is already pursuing mass awareness (Chief Secretaries/Administrators instructed vide letter dated 18.07.2023) with the expectation that adequate awareness programmes be launched and carried out in their true spirit; the prayer for seizure, licence cancellation and action against opposite party No.5 was declined as no violation/disrespect of the national flag was found.

Issue for consideration

Whether the opposite parties (Union of India and the State) are effectively enforcing the Flag Code of India 2002 and allied laws and carrying out mass-awareness programmes on the sanctity of the National Flag, so as to warrant mandamus (prayers I and II). +1 more

Court's answer

It cannot be said that the State is not carrying out the exercise for mass awareness as regards the sanctity of the National Flag as per the relevant law.

Ratio / Principle

Chief Secretaries/Administrators of all State Governments/Union Territories Administrations stand duly instructed (vide letter dated 18.07.2023) to do the needful on mass awareness regarding the National Flag.

Key takeaways

The bench expressed the hope and trust that adequate programmes of awareness may be launched and accomplished by the State — the awareness direction later affirmed as to be carried out in its true spirit.ratio¶13
No prima facie violation of the code of national flag and no disrespect to the national flag to any extent by opposite party No.5 in labelling its incense sticks (agarbattis) named 'Tiranga'.ratio¶14
The writ petition, insofar as it seeks relief against opposite party No.5, cannot be entertained.

Detailed headnote1 paragraphs

Allahabad HC (Lucknow Bench), DB (Attau Rahman Masoodi, J. & Ajai Kumar Srivastava-I, J.) — Neutral Citation 2025:AHC-LKO:16966-DB; PIL No. 274 of 2025 (Moti Lal Yadav v. Union of India thru. its Secy., Ministry of Home, New Delhi & 4 others); Order Date 25.3.2025; disposed of. The PIL sought mandamus (i) to enforce the flag code of India 2002, the Emblems and Names (prevention of improper use) act 1950 and the Prevention of insult to national honor act 1971 more effectively, (ii) for mass-awareness programmes through electronic and print media, and (iii) for seizure of, licence-cancellation against, and action under Section 2 of the 1971 Act against the company (opposite party No.5) selling incense sticks (agarbattis) named 'Tiranga'. The Court held it cannot be said that the State is not carrying out mass-awareness exercises on the sanctity of the National Flag — Chief Secretaries/Administrators of all States/UTs having been instructed vide letter dated 18.07.2023 — and expressed the hope and trust that adequate awareness programmes will be launched and accomplished. On the 'Tiranga' agarbattis, the Court gathered no prima facie violation of the code of national flag and no disrespect to the national flag by opposite party No.5, and held the writ petition to that extent not entertainable, while affirming that the direction for awareness programmes shall be carried out in its true spirit. PIL disposed of accordingly.

Neutral Citation No. - 2025:AHC-LKO:16966-DB

Court No. - 1

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 274 of 2025

Petitioner :- Moti Lal Yadav

Respondent :- Union Of India Thru. Its Secy. Ministry Of Home New Delhi And 4 Others Counsel for Petitioner :- In Person Counsel for Respondent :- A.S.G.I.,C.S.C.

Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

1. Heard Sri Moti Lal Yadav, petitioner appearing in person, Sri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel for opposite party Nos.1 and 2, learned Standing Counsel for State-opposite party Nos.3, 4.

2. By means of instant Public Interest Litigation (PIL), the petitioner has prayed as under :-

"I. Issue a writ, order or direction in the nature of mandamus directing the opposite parties/ competent respondents to ensure the implementation and enforcement of flag code of India 2002, Emblems and Names (prevention of improper use) act 1950 and the Prevention of insult to national honor act 1971 in more effective manner.

II. Issue a writ order or direction in the nature of mandamus directing the opposite party no.2 and 3 to undertake mass awareness programs of the flag code of India 2002 and acts by giving it wide publicity through advertisements in the electronic and print media.

III. Issue a writ order or direction in the nature of mandamus directing the opposite parties/competent respondents to seize the company of the opposite party no.5 and cancel the license and take action against him as provisions of section 2 of the prevention of insult national honor act, 1971."

3. For the prayer made herein this PIL, it cannot be said that the State is not carrying out the exercise for mass awareness as regards the sanctity of National Flag as per the relevant law

applicable in this behalf. All the Chief Secretaries/ Administrators of all the State Governments/ Union Territories Administrations vide letter dated 18.07.2023 have duly been instructed to do the needful. We hope and trust that adequate programmes of awareness may be launched and accomplished by the State to achieve such an object.

4. Insofar as the relief as against opposite party No.5 is concerned, we do not gather any violation of the code of national flag, prima facie , as there is no disrespect of the national flag to any extent by opposite party No.5 while labeling the incense sticks ( agarbattis ) named Tiranga. The writ petition to that extent cannot be entertained, however, the direction for awareness programmes as issued hereinabove shall be carried out in its true spirit.

5. In view of the above, the instant PIL is disposed of accordingly.

(Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.)

Order Date :- 25.3.2025 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench