"Far-Reaching Social Cultural Implication": Allahabad HC Refuses To Quash Criminal Case Against Accused For Carrying Tiranga Inscribed With Quranic Verses
The Allahabad High Court refused to quash proceedings against 6 men accused of carrying tiranga on which Quranic verses were inscribed.
The Court said that an act of disrespect towards the Tiranga can have far-reaching social and cultural implications, particularly in a diverse society like India. It further said that such incidents can be exploited by the elements seeking to create communal discord or fuel misunderstandings between different communities.
The Court was hearing an application under Section 482 Cr.P.C. seeking to quash the entire proceeding arising out of the charge-sheet and cognizance order passed in Criminal Case under Section 2 of Prevention of Insults of National Honour Act, 1971.
The bench of Justice Vinod Diwakar observed, “The Tiranga, India's National Flag, symbolizes the unity and diversity of the nation, transcending religious ethic and cultural differences. 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 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.”
Advocate Amarjeet Chakrawarti appeared for the Appellant and the Government Advocate appeared for the Respondent.
In the present case, it was revealed that the applicants took part in the religious procession and were carrying Tiranga in their hands, on which Quranic verses (ayat and kalma) were inscribed to the national flag. An FIR was registered against unknown persons.
The Court observed, “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.”
The Court prima facie found that the acts of the Appellants were punishable under the Flag Code of India, 2002 and there was a violation of Section 2 of the Prevention of Insults of National Honour Act, 1971 by the applicants.
Accordingly, the Court dismissed the Petition.
Cause Title: Gulamuddin And 5 Others v. State of U.P. (Neutral Citation: 2024:AHC:120598)
Appearance:
Adv. Amarjeet Chakrawarti and Adv. Ganesh Shanker Srivastava