VALMIK SAKARGAYEN Vs. STATE OF M P

JUDGEMENT

(1.) A practicing lawyer of this Court has filed this PIL petition on the eve of Republic Day. Petition is not directed any particular order but for a 'probe' and 'writ of mandamus'.

(2.) WE have heard the petitioner at length. Perused the material placed on record.

(3.) THE right to fly National Flag respectfully is no longer res integra or malum in se . The law on this point is settled by the elaborate judgment of the Supreme Court in Union of India vs. Naveen Jindal 2004 AIR SCW 704. It is now recognised as a fundamental right of every Indian citizen. It is a part of the fundamental right of "freedom of expression" enshrined in Article 19 of Part III of the Constitution of India. But that right is subject to restrictions. The right is not unfettered. Flag Code 2002 on flying the National Flag issued by Government of India is not a law within the meaning of Article 13 of the Constitution of India. However, in a given case, contravention of provisions of the 'Emblems and Names (Prevention of Improper Use) Act, 1950 or 'Prevention of Insults to National Honour Act, 1971' may constitute an offence and for that the machinery can be set in motion by taking appropriate steps in that direction. So long as that does not happen; we are of the opinion that present PIL based on vague allegations and inchoate right does not call for any ubiquitous action and direction.