Allahabad High Court has refused to quash the criminal proceedings initiated against 6 Muslims for insulting the Indian flag. All the accused were carrying the tricolour in their hands in a religious procession. Verses from the Islamic book Quran were written on the Indian flags they were carrying.
While hearing the case, Justice Vinod Diwakar said that prima facie the act committed by the accused is punishable under the Indian Flag Code 2002. Justice Diwakar further said that Section 2 of the Prevention of Insults to National Honor Act 1971 has been violated by the applicants.
The court said that the Indian Flag is a symbol of the unity and diversity of the nation beyond religious ethics and cultural differences. The court said, “It is a unifying symbol representing the collective identity and sovereignty of India. The act of disrespect towards the tricolour can have far-reaching socio-cultural effects, especially in a diverse society like India.”
The Allahabad High Court also said that incidents of writing verses of the Quran and Kalma etc. on the tricolour can be taken advantage of by those who want to create communal disputes or promote misunderstandings between different communities. Therefore, the actions of some individuals should not be used to tarnish the entire community.
Jalaun Police of Uttar Pradesh had registered a case against accused Ghulamuddin and 5 others last year under Section 2 of the Prevention of Insults to National Honor Act 1971 Act. In this case, the accused had approached the court seeking bail. His lawyer argued that the investigation did not reveal whether the flag mentioned in the FIR was a tricolour or any other flag with three colors.
The lawyer of the accused further argued that the police could not bring any evidence on record to show that any mischief was done with the National Flag specified in Sections 2 and 3 of the Act. The lawyer also alleged that the police had planted the National Flag after registering the FIR and the accused were implicated in a false case.
At the same time, the Additional Government Advocate (AGA) appearing on behalf of the state government said that the tricolour was waved during the procession. During this, it was seen that something was written in Arabic on the tricolour. It was found out that these are verses from Quran and kalma. Police constables Khurshid Alam, Ehsanullah and Ramdas have recorded their statements in the court.
The government lawyer said, “When Shahar Qazi Maulana Sabir Ali was summoned to Jalaun and asked to read what was written on the flag, he said that Islamic Kalma was written on the flag. Apart from this, a verse related to the sword ‘Zulfiqar’ of Ali was written.
After hearing all the arguments, the court rejected the petition and said that only the trial court can take a decision on this. The court said that no illegality, perversity or any other significant error has been found in the summons order which would justify interference by the court in exercise of powers under Section 482 of the CrPC.
