HC disposes of petition

The Ministry of Consumer Affairs, Food and Public Distribution today informed the Madras High Court that a flag used by a political party in Tamil Nadu with a symbol of 'Chakra' in it is similar to the Ashoka Chakra, use of which is prohibited under the Emblems and Names (Prevention of Improper Use) Act,1950.
A counter affidavit in this regard was filed by the Ministry before the First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice T.S. Sivagnanam, before which a PIL filed by an Ex-Serviceman/Gandhian R.Kannan Govindarajulu came up today.
A submission by the Assistant Solicitor General to the effect that appropriate action would be taken by the Ministry in accordance with law was recorded by the Bench which disposed of the petition.

In his PIL, the ex-serviceman alleged that the Puratchi Bharatham party flag contains Ashoka Chakra at its centre, which is against the Act and sought a direction from the court to the state public department to ban the party.
Earlier when the PIL came up, the Bench directed the petitioner to implead the central government, Ministry of Consumer Affairs, Food and Public Distribution and Election Commission of India as respondents and directed them to file their reply.
The Ministry of Consumer Affairs said in its reply that the Election Commission of India was entitled to register the name of a political party and not the flag "as there is no requirement of registration of a flag with it."

The Ministry said the flag used by the party is similar to Ashoka Chakra use of which is prohibited and no permission was granted by the central government for it and sought a direction to the party not to use the 'Chakra' in their party flag.
When the matter came up today, the counsel for the party submitted there was no violation of the Act.
The bench disposed of the petition after recording arguments of both sides.