In this PIL, the petitioner sought a permanent injunction against misuse of the National flag by political parties under the Emblems and Names Act. The High Court observed that no case was made out based on affidavits showing respectful usage and dismissed the petition.
Petition disposed of as no case made out to entertain the PIL.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO.24 OF 2014
Ram Ramdas Samudre Petitioner versus State of Maharashtra and others Respondents
Respondents
Petitioner in person present. Mr.A.B.Vagyani, Addl. G.P. For State. Mr.Kusumkumar Kaushik for Respondents 2 to 4.
CORAM : MOHIT S. SHAH, C.J. AND M.S.SANKLECHA, J.
DATE : 10 April 2014
PC :
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of India. The Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 regulate the use of national flag. Although the flag code is not a law within the meaning of Article 13(3)(a) of the Constitution of India for the purpose of clause (2) of Article 19 thereof, it would not restrictively regulate the free exercise of the right of flying the national flag. However, the flag code is required to be followed to the extent it provides for preserving respect and dignity of the national flag.
(a) The photographs annexed to the writ petition showing the Ashok Chakra are not printed/published by Aam Aadmi Party (`AAP') or Respondents 2 to 4;
(b) None of the photographs annexed to the petition show any disrespect/misuse of the National Flag and the National Emblem including Ashok Chakra. The photographs, however, show the volunteers of AAP respectfully carrying or waving the National Flag;
(c) Neither the Respondent nos.2 to 4 nor the volunteers of AAP have shown disrespect towards and/or misused the National Flag and the National Emblem including Ashok Chakra at any point of time;
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(d) The National Flag and the National Emblem including Ashok Chakra does not appear on the website of AAP. I say that the AAP and Respondents 2 to 4 have not used and/or authorised the use of the National Flag and the National Emblem including Ashok Chakra on television channels.
(CHIEF JUSTICE)
MST
2 issues framed by the court
Whether the petition for permanent injunction regarding misuse of the National flag by political parties needs to be entertained.
Whether the photographs annexed show disrespect or misuse of the National Flag and National Emblem.
Colour shows how this judgement treated each authority
Pratap Chandra (PIL) Vs. Union of India through Secretary Ministry of Home and others (PIL No.603 of 2014)Distinguished¶21
2 provisions across 2 enactments
Ram Ramdas Samudre
State of Maharashtra
MOHIT S. SHAH
M.S.SANKLECHA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
