DR. VIKRAM DATTA Vs. STATE OF MP.P.

JUDGEMENT

(1.) - The present petition has been filed by the petitioner - Dr. Vikram Dutta, a retired Government servant and at the relevant point of time, when a crime was registered against him, he was serving as Principal, Government Commerce College, Ratlam.

(2.) The facts of the case reveal that on 23.4.2011, at about 1.30 am. (in the night), National Flag was found over the College building of the College. In those circumstances, an offence under section 2 of Prevention of Insults to National Honour Act, 1971 (hereinafter, for short, "the Act of 1971") against the petitioner and one Ishwarlal who was the Peon in the College.

(3.) Learned counsel for the petitioner has argued before this Court that there was no violation of Section 2 of the Act of 1971 and it could have been a shear mistake on the part of Peon who was required to take off the flag every day after sunset. He has placed reliance on the judgment of Supreme Court in Union of India v. Naveen Jindal : (2004) 2 SCC 510. His contention is that the Flag Code is only executive instructions and violation of Flag Code does not amount to any offence under the Act of 1971. Reliance has also been placed on Ganesh Lal Bathri v. State of M.P. : 2003(2) JLJ 296, again, wherein it has been held that a bonafide mistake will not amount to an offence under the Act of 1971.