Allahabad High Court Upholds Criminal Case Against Individuals Accused Of Insulting National Flag

The Allahabad High Court has refused to dismiss a criminal case against 6 individuals from the Muslim community accused of carrying a tricolor flag with Arabic verses inscribed on it.

The court warned that those seeking to incite communal tensions or deepen misunderstandings between communities could exploit such actions.

Justice Vinod Diwakar delivered the ruling in response to a petition filed by Ghulamuddin and five others, who sought to quash the criminal proceedings against them.

The court, however, dismissed the petition, stating that the act in question appeared to constitute an insult to the national flag, a violation of Section 2 of the Prevention of Insults to National Honor Act, which is a punishable offense.

Jalaun Police Station registered the FIR against the petitioners, and the court emphasized the national flag’s importance as a symbol of India’s unity, transcending religious, ethnic, and cultural differences.

The court highlighted that any act of disrespect toward the tricolor could have significant socio-cultural consequences, particularly in a diverse country like India.

The petitioners argued that there was no clear evidence to confirm whether the flag in question was indeed the national tricolor or another flag with three colors.

They accused the police of fabricating the case, claiming that the police obtained witness statements under pressure and failed to demonstrate any actual damage to the national flag.

The court, however, maintained that such defenses could only be evaluated during the trial, reinforcing the need for due legal process.

The ruling underscores the sensitivity surrounding the national flag and the potential repercussions of actions perceived as disrespectful, particularly in a society as diverse as India.

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