SARVADNYA D PATIL Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioners, public spirited citizens, apparently inspired by patriotic zeal have approached this Court for necessary action against the Respondent No.4 for failing to hoist the National Flag on 19th December, 2000 (Liberation Day of Goa ). It is prayed that Respondent No.4, Headmistress of Lourdes Convent High School, Saligao , Bardez , Goa be punished with imprisonment for three years and that flag hoisting be made mandatory to Government servants and Semi Government Organizations on 15th August, 26th January and 19th December ( Goa Liberation Day). Action is sought under Art.49 of the Constitution and under the Prevention of Insult to National Honour Act, 1971.

(2.) IT is submitted that as soon as the reports appeared in the newspaper " Gomantak " dated 21.12.2000 and 22.12.2000 the respondents No.1, 2 and 3 proceeded against the Headmistress (Respondent No.4) and issued a letter of censure by way of punishment.

(3.) THE only question for consideration that arises before us is whether the omission on the part of the Respondent No.4 to hold the Flag Hoisting ceremony on 19th December, 2000 would come within the ambit of Section 2 of the Prevention of Insults to National Honour Act, 1971. Section 2 of the said Act reads as follows :