The Hindu : National : Court concerned over flag code violations

Online edition of India's National Newspaper
Tuesday, Sep 14, 2004

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National

Court concerned over flag code violations

By J. Venkatesan

NEW DELHI, SEPT. 13. The Supreme Court today expressed concern over the misuse of the national flag and violations, and said that it would consider framing guidelines to prevent the misuse of the tricolour. The court also made it clear that it would not allow anybody to take political mileage out of the national flag issue.

A Bench, consisting of Justice N. Santosh Hegde and Justice S.B. Sinha, made this observation while hearing a public interest litigation petition, which brought to the court's notice "misuse" of the national flag by the Bharatiya Janata Party leader and former Madhya Pradesh Chief Minister, Uma Bharti, during her `tiranga' (tricolour) yatra from Hubli to Jalianwala Bagh, and in the rally during her surrender in a Hubli court.

The Bench told counsel: "We share your concern. But you cannot target one individual or one political party for alleged dishonour of the national flag." When counsel said that he had deleted the name of Ms. Bharti as one of the respondents, the Bench pointed out that the entire reference in the petition was about one individual and one political party. "We will not allow anybody to take mileage out of this issue," the judges said.

`Amend petition'

The Bench asked the petitioner, Seema Nayar, to amend her petition stating that entertaining a petition containing allegations against a particular politician would have a "cascading effect."

The Bench said: "You amend your petition and confine it to the issues contained in the apex court judgment in Jindal's case and we will consider framing guidelines and evolving a code. We would also issue notices to all the political parties."

In Jindal's case, the court had upheld the citizens' right to hoist the national flag with respect and dignity.

The petitioner agreed to the suggestion to amend the petition and the Bench adjourned the proceedings to September 17.

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