A SATYA PHANEENDRA Vs. S H O KODAD

JUDGEMENT

(1.) A letter written by one A. Satya Phaneendra, dated 15-12-2000 enclosing therewith a tri-coloured cloth resembling the National flag which is sold as handkerchief for a sum of Rs. 10.00 everywhere in Kodad and other places in the district of Nalgonda has been treated to be a public interest litigation.

(2.) The cloth which is sent along with the letter indeed resembles our National Flag and in one of the borders thereof the words "India" and in another "Mera Bharat Mahan" have been inscribed. Misuse of National Flag is covered by two Parliamentary Acts viz., the Prevention of Insults to National Honour Act, 1971 (Act No. 69 of 1971) (hereinafter referred to as 'National Honour Act') and the Emblems and Names (Prevention of Improper Use) Act, 1950 (Act No. 12 of 1950) (hereinafter referred to as 'Emblems Act') apart from the Flag Code of India. Section 2 of the 'National Honour Act' reads thus :"Insult to Indian National Flag and Constitution of India :- Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

(3.) Three explanations have been appended to Section 2 of the said Act and Explanation 2 which is relevant for the purpose of this case reads as under :