Misuse of national emblem: HC asks Home Ministry to respond

The Delhi High Court today asked the Union Home Ministry to apprise it of steps taken on a plea seeking prosecution of a scribe for allegedly misusing national emblem on business cards and letter heads.
"On previous occasion, you (MHA) had said that you will seek an instruction on our interim order. File a report on May 28," Justice Rajiv Shakdher said.
The court was hearing a plea of Rakesh Agarwal seeking a direction to the Home Ministry for initiation of prosecution against R S Sharma, a freelance journalist, for unauthorisedly misusing the national emblem on his business cards and letter heads.

The petition, filed through lawyer Pranav Sachdeva, alleged that the scribe has violated a provision of the State Emblem of India (Prohibition of Improper Use) Act.
The plea also sought a direction to the MHA to authorise an officer to deal with the grant of sanction to prosecute the persons, accused of misusing the national emblem.
Sharma, a Delhi-based freelance scribe who also claims to be an office-bearer in several organisations, fought the election for a post in NGO Nyaya Bhoomi. Agarwal was also a member to the NGO.
The scribe, after losing the election, communicated with Agarwal using the letter heads, carrying the national emblem on them, the petition said.

"No prosecution can be launched against Sharma under The State Emblem of India (Prohibition of Improper Use) Act punishable under Section 7(2) because the MHA has failed in its statutory duty to authorise an officer to grant sanction for the prosecution as required under the Act," the plea said.