HC quashes case against senior citizen accused of dishonouring tricolour

Mumbai, Feb 24 (PTI) The Bombay High Court has quashed a case against an 85-year-old man accused of dishonouring the national flag, observing that his "mere presence" at a ceremony where the tricolour was unfurled upside down did not constitute a crime.

A single bench of Justice Ashwin Bhobe on Monday said no case was made out, noting that there is no material on record to show that the octogenarian had intended disrespect the national flag.

The accused was merely present during the Republic Day celebration at his residential society, the court said.

A case was registered against the senior citizen at the suburban Tilak Nagar police station in January 2017 under the provisions of the Prevention of Insults to National Honour Act.

According to the complaint, residents, including the accused person, had gathered in their housing society for the Republic Day celebration.

In the evening, the police patrolling the area noticed that the tricolour had been unfurled upside down, following which a case was registered against the senior citizen and five other residents of the society.

The accused, in his plea, said he is a senior citizen, suffering from age-related ailments. He claimed that he was not the one who unfurled the flag but was only present at the ceremony.

The petitioner further contended that the terrace of the housing society, where the flag was unfurled, did not fall within the domain of public space.

The court, in its order, noted that the FIR merely alleges that the applicant was present at the ceremony and that there was nothing to indicate that he had unfurled or displayed the tricolour.

"Similarly, there is no material on record to show that any act of the applicant was intended to insult or show disrespect to the honour of the national flag," it held.

It added that to constitute an offence of dishonour to the flag, the act must be intentional.

"Mens rea (intent) to cause insult or disrespect, or to bring the Indian National Flag into contempt, would be required," the court said, noting that the accused's mere presence at the place of hoisting of the tricolour would not amount to an offence under the Prevention of Insults to National Honour Act. PTI SP ARU