MAMMEN VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) An artistic picturisation of the father of the Nation with an Indian flag by a Cartoonist in connection with the celebration of the 70th Independence Day of India is treated as an offence under Sec. 2 of the Prevention of Insults to National Honour Act, 1971 [for short, 'the Act 1971']. The petitioners are the accused in C.C.No.199/2018 on the file of Judicial First Class Magistrate Court-IV, Kozhikode arising from Crime No.634/2017 of Nadakkavu Police Station. The final report is filed alleging an offence punishable under Sec. 2 of the Act 1971.

(2.) The facts which lead to the registration of the above crime is like this: The defacto complainant, who is the General Secretary of Bharatiya Janatha Party, Edakkad Area Committee filed a complaint before the Sub Inspector of Police, Nadakkavu on 23/8/2017 stating that, in a Malayalam daily dtd. 15/8/2017, a cartoon is published with a National Flag and the father of the Nation and the same looks like the number '70'. According to the defacto complainant, the number '70' also looks like the picture of the father of the Nation with the National Flag. According to the defacto complainant, the top side of saffron portion of the National Flag is outlined with a black line. According to the defacto complainant, this black colour is purposefully given to dishonour the National Flag. According to the defacto complainant, he and the other public could not understand the reason for drawing a black line on the top of the saffron colour of the National Flag. Therefore, it is submitted that, there is a violation of the Act 1971. Based on the above complaint, Nadakkavu police registered Crime No.634/2017. Thereafter, a final report is filed alleging the offence punishable under Sec. 2 of the Act 1971. The petitioners are (i) Printer and Publisher of Malayala Manorama, Kottayam (ii) Editorial Director, Malayala Manorama, Kottayam, (iii) Managing Editor, Malayala Manorama, Kottayam, (iv) Editor, Malayala Manorama, Kottayam and (v) Chief Editor, Malayala Manorama, Kottayam. According to the petitioners, even if the entire allegations are accepted, no offence is made out against the petitioners and there is no intention to insult the National Flag or the father of the Nation.

(3.) Heard learned counsel for the petitioners and the Public Prosecutor.