Recently Allahabad High Court declined to dismiss the criminal proceedings against six Muslim Men accused of carrying a Tiranga with Arabic verses during a religious procession.
The accused were charged last year by Jalaun Police. Seeking to quash the proceedings, it was argued that the investigation did not clarify whether the flag was a Tiranga or another tricoloured flag. It was claimed that the police failed to provide evidence of any damage to the national flag and alleged that the case was based on fabricated facts, with witness statements obtained under coercion. However, the state relied on these witness statements to argue that Islamic verses in Arabic were found written on the Tiranga.
Justice Vinod Diwakar marked that this action could be seen as insulting the national flag and supported the prosecution’s view that it breached Section 2 of the Prevention of Insult to National Honour Act. The court emphasized that the national flag embodies India’s unity and diversity, rising above religious, ethnic and cultural differences, “It is a unifying emblem representing the collective identity and sovereignty of India. Acts of disrespect towards Tiranga can have far-reaching social and cultural implications, particularly in a diverse society like India. Such incidents can be exploited by the elements seeking to create communal discord or fuel misunderstandings between different communities. It is crucial to recognize that the actions of a few individuals should not be used to stigmatize an entire community,” said the Court.
The Court dismissed the plea stating “Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. Given the material on record, it can also not be held that the impugned criminal proceeding is manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and to spite him due to private and personal grudge”.
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