The Bombay High Court has ruled that mere presence at a flag-hoisting ceremony does not amount to dishonour and quashed the case against the octogenarian
Bombay HC has set aside the 2017 case against the octogenarian. Representational Image/File
The Bombay High Court has set aside a criminal case filed against an 85-year-old man who was accused of dishonouring the national flag during a Republic Day celebration in 2017.
The court observed that the man’s “mere presence” at the ceremony, where the tricolour was allegedly unfurled upside down, did not amount to a crime.
Case registered after flag found upside down
The incident took place during a Republic Day function at the man’s residential housing society.
According to the complaint, residents had gathered for the celebration. Later in the evening, a police patrol team noticed that the national flag had been hoisted upside down.
Following this, a case was registered at Tilak Nagar police station against the senior citizen and five other residents under the Prevention of Insults to National Honour Act.
In his plea before the court, the 85-year-old man said he was suffering from age-related ailments and had only attended the ceremony. He claimed he had not unfurled the flag.
He also argued that the terrace of the housing society, where the flag was hoisted, was not a public place.
Court finds no evidence of intent
Justice Ashwin Bhobe, hearing the matter, noted that the FIR only mentioned the man’s presence at the event and did not show that he had hoisted or displayed the flag. “Similarly, there is no material on record to show that any act of the applicant was intended to insult or show disrespect to the honour of the national flag,” the court said.
The judge further clarified that intention is necessary to prove such an offence. “Mens rea (intent) to cause insult or disrespect, or to bring the Indian National Flag into contempt, would be required,” the court observed as per PTI reports.
The High Court concluded that simply being present at the ceremony does not amount to an offence under the law and quashed the case against the senior citizen.
(With PTI Inputs)
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