Chennai: The Madras High Court has instructed the Tamil Nadu DGP to allow any demonstration on Independence Day that involves the carrying of the national flag, whether on foot, bicycle, motorcycle, or car, as long as it is conducted with due respect and dignity.
In response to a writ case filed by BJP office-bearer A. Krishna Prasath against the Coimbatore City Police’s denial of permission for a motorcycle rally, Justice G. Jayachandran issued the ruling on Wednesday.
The court, in a clear emphasis on the importance of respecting the national flag, ruled that anyone wishing to show their patriotism by holding a rally while flying the tricolour may do so as long as they notify the relevant law enforcement authorities.
The Judge further instructed the participants to ensure there was no public disruption.
The petitioner’s attorney, R.C. Paul Kanagaraj, argued in court that the police in other state districts had refused to allow such demonstrations, whether on foot or by bicycle, infringing on the citizen’s fundamental right to fly the Tricolour.
Taking serious note of the matter, Justice Jayachandran said, “Tamil Nadu is known for its renowned freedom fighter ‘Tiruppur’ Kumaran, also known as ‘Kodi Katha’ Kumaran, who sacrificed his life to protect the Tricolour’s honour during the British rule.”
“Unfortunately, 77 years after Independence, a petitioner has approached the court against the denial of permission by the police for taking out a motorcycle rally carrying the national flag,” he added.
The judge firmly rejected the police’s justifications for refusing permission for these types of gatherings, underscoring the court’s stance on the matter.
Assistant Attorney General J. Ravindran stated during the arguments that the Flag Code of India, 2002, explicitly stipulates that the Tricolour shall not be flown on any vehicle other than those transporting dignitaries such as the President, Vice President, Prime Minister, Governors, and so on.
He said that the police likewise turned down the Congress’s request for permission to hold a gathering similar to this one, so there was no political motivation to do so.
The counsel went on to say that at such rallies, some people can end up disrespecting the Tricolour.
The petitioner’s attorney informed the court that the national flag would not be hoisted on the vehicles and would only be carried by motorcycle pillion riders during the rally.
Additionally, the petitioner’s attorney guaranteed that the Tricolor would be treated with the highest respect, reassuring the court and the public about the rally’s intentions.
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–IANS
