The Allahabad High Court recently dealt with a significant case involving allegations under the Prevention of Insults to National Honour Act, 1971. The case, titled State v. Mohd. Irshad Ansari and others, emerged from a religious procession in Jalaun, Uttar Pradesh, where the national flag, the Tiranga, was allegedly disrespected by having Quranic verses inscribed on it. The police, upon investigation, charged Gulamuddin and five others under Section 2 of the Act. The accused then filed an application under Section 482 Cr.P.C. to quash the criminal proceedings initiated against them.
Legal Issues Involved:
The primary legal issue was whether the actions of the accused constituted an insult to the national flag under the Prevention of Insults to National Honour Act, 1971. The defense argued that the FIR was baseless, and the flag in question could not be definitively identified as the national flag. They claimed the proceedings were a “colourable exercise” by the informant and that the investigation did not produce sufficient evidence to confirm any mischief towards the Tiranga. Additionally, the defense raised concerns about the reliability of the statements obtained during the investigation, alleging coercion by the police.
Court’s Decision:
The case was presided over by Justice Vinod Diwakar, who heard arguments from both sides. Representing the applicants were Advocates Amarjeet Chakrawarti and Ganesh Shanker Srivastava, while the State was represented by the learned A.G.A.
In his judgment, Justice Diwakar emphasized the significance of the Tiranga as a unifying symbol of India’s sovereignty and collective identity. He noted that any act of disrespect towards the national flag could have severe social and cultural implications, particularly in India’s diverse society. The Court observed that such incidents might be exploited to create communal discord or misunderstandings between communities.
The Court found that the act of inscribing Quranic verses on the national flag was indeed a violation of the Flag Code of India, 2002, and Section 2 of the Prevention of Insults to National Honour Act, 1971. The Court also dismissed the defense’s claims regarding the credibility of the investigation, stating that the issues raised were factual and should be adjudicated by the trial court, not under Section 482 Cr.P.C.
Important Observations:
Justice Diwakar highlighted that “The Tiranga, India’s National Flag, symbolizes the unity and diversity of the nation, transcending religious, ethnic, and cultural differences. Disrespect towards the Tiranga can have far-reaching social and cultural implications, particularly in a diverse society like India.”
The Court dismissed the application filed by the accused, stating that it was devoid of merit and did not warrant any interference. The Court further clarified that its observations were solely for deciding the instant application and would not affect the merits of the ongoing trial.
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Case Details:
– Case Number: Application U/S 482 No. 19697 of 2024
– Parties: Gulamuddin and 5 Others vs. State of U.P. and Another
– Date of Judgment: July 29, 2024
– Judge: Justice Vinod Diwakar
– Counsel for Applicants: Amarjeet Chakrawarti, Ganesh Shanker Srivastava
– Counsel for Opposite Party: G.A. (Additional Government Advocate)
