STATE Vs. D. SENTHILKUMAR

JUDGEMENT

(1.) The Flag Code of India opens with a declaration that the Indian National Flag represents the hopes and aspirations of the people of India, and it is a symbol of our national pride. The Respondent in this case, on coming to know about a function conducted at Coimbatore and the manner in which the Indian National Flag was portrayed in that function, felt that the participants have deliberately disrespected the National Flag, which resulted in a criminal complaint, and the consequent orders passed therein which is the subject matter of challenge in the present Criminal Original Petition.

(2.) The crux of the complaint was that, on 25.12.2013, at a public function celebrating the Christmas festival, a cake measuring 6 ft. length and 5 ft. breadth, the icing on which carried a tri-colour Indian map outline with the Ashoka Chakra in the centre, was cut, distributed and consumed by the Special Guests and about 2500 participants including 1000 children who attended the celebration. According to the complainant, the said function was attended by the District Collector of Coimbatore, The Deputy Commissioner of Police, and various other religious leaders and members representing a number of Non-Governmental Organisations. The grievance of the complainant was that the representation of the Indian National Flag on the cake and the cutting of the same amounts to an offence under Section 2 of The Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as "the Act"?).

(3.) The Respondent became aware of the Christmas function on 26.12.2013 after it was reported in all the newspapers. The Respondent strongly felt that the participants had insulted the National Flag, and hence, he gave a complaint to the B-12 Police Station, Coimbatore, on 30.12.2013. According to the Respondent, the police refused to entertain this complaint. Aggrieved by the same, the Respondent filed a petition under Section 156(3) of The Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."?) before the learned Judicial Magistrate- V, Coimbatore to direct the police to register an FIR and file a Final Report.