N. JOHN SELVARAJ Vs. MR. ANNA HAZARE, THE UNION OF INDIA REP. BY ITS SECRETARY HOME DEPARTMENT NEW DELHI AND STATE OF TAMIL NADU REP BY ITS SECRETARY HOME DEPARTMENT CHENNAI

JUDGEMENT

(1.) PETITIONER has approached this court with a prayer for issuance of writ in the nature of mandamus, directing the 2nd respondent to take stringent action against the 1st respondent herein for misusing and abusing the National Flag and pass such order or any other order as this Hon'ble court deems fit. Petitioner is a practising advocate at Chennai, since 1981 and is also a social worker. The case of the petitioner is that it is his duty to protect and honour the National Flag and the National Emblem etc., This is not the duty of the petitioner due but the duty of every citizen of the country to honour the National Flag and National Emblem.

(2.) THE case of the petitioner is that the 1st respondent is misusing the National Flag but in the court no specific allegations has been made to constitute a criminal offence; or direct any action.

(3.) A petition can be filed against the person guilty of offences in the competent court having the jurisdiction.