The Bombay High Court has quashed criminal proceedings against an 85-year-old man accused of dishonouring the national flag, holding that his mere presence at a Republic Day function where the tricolour was inadvertently unfurled upside down did not constitute an offence under the Prevention of Insults to National Honour Act.
A case was registered in January 2017 at Tilak Nagar police station against the octogenarian and five other residents of a housing society after police on patrol noticed that the national flag had been hoisted upside down during a Republic Day celebration.
The FIR alleged that residents, including the applicant, were present at the ceremony when the flag was unfurled in an improper manner. No specific role was attributed to the accused regarding the act of hoisting the flag.
The senior citizen moved the High Court seeking quashing of the FIR, stating that he had not unfurled the flag and was only present at the function. He also pointed out his advanced age and age-related ailments.
Justice Ashwin Bhobe, sitting as a single judge, noted that the FIR only alleged the applicant’s presence at the ceremony and did not attribute any act of hoisting or displaying the flag to him.
The Court observed that there was no material on record to show that the applicant had any intention to insult or show disrespect to the national flag.
“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.”
The Court emphasised that an offence under the Prevention of Insults to National Honour Act requires a deliberate act accompanied by intention.
“Mens rea to cause insult or disrespect, or to bring the Indian National Flag into contempt, would be required.”
Holding that the applicant’s mere presence at the place where the tricolour was hoisted could not amount to an offence, the Court ruled that no case was made out against him.
Accordingly, the High Court quashed the proceedings against the 85-year-old man.
