HC refuses to quash proceedings against six for disrespecting national flag

The Allahabad High Court has refused to quash criminal proceedings against six people accused of carrying a tricolour with Quranic verses during a religious procession, saying such incidents could be exploited by those who seek to create communal discord.

Dismissing the petition filed by Gulamuddin and five others, Justice Vinod Diwakar said the act was punishable under the Flag Code of India, 2002, and there was a violation of the Prevention of Insults of National Honour Act, 1971.

Stressing that the tricolour symbolises unity and diversity of the nation, transcending religious, ethnic and cultural differences, the court observed, "It is a unifying emblem representing the collective identity and sovereignty of India. Act of disrespect towards the 'tiranga' can have far-reaching social cultural implications, particularly in a diverse society like India."

Such incidents could be exploited by those who seek to create communal discord or fuel misunderstandings between different communities, the court said in its order on July 29.

The court emphasised that it was crucial to recognise that the actions of a few individuals should not be used to stigmatise an entire community.

The Uttar Pradesh Police booked the accused Gulamuddin and five others and a criminal case was registered against them at police station of district Jalaun. The police filed a charge sheet against them on October 4, 2023.

Subsequently, the trial court took cognisance of the charge sheet on May 14, 2024 and thereafter issued summons to them. The accused then filed a petition under section 482 (inherent powers of high court) requesting the court to quash the criminal proceedings against him pending before the Jalaun district court.