The Allahabad High Court recently remarked that a manufacturer based in Kanpur did not seem to disrespect the national flag by labelling incense sticks (agarbattis) as Tiranga [Moti Lal Yadav v. Union of India and Others].A bench of Justices Attau Rahman Masoodi and Ajai Kumar Srivastava was dealing with a Public Interest Litigation seeking action against the owner of 'Tirangana Agarbatti' for alleged violation of Prevention of Insults to National Honour Act, 1971."We do not gather any violation of the code of national flag, prima facie, as there is no disrespect of the national flag to any extent by opposite party No.5 while labeling the incense sticks (agarbattis) named Tiranga," the Court said, as it refused to entertain the prayer..On the prayer seeking mass awareness campaigns and enforcement of Flag Code of India, Emblems and Names (Prevention of Improper Use) Act and the Prevention of Insults to National Honour Act, the Court said,"It cannot be said that the State is not carrying out the exercise for mass awareness as regards the sanctity of National Flag as per the relevant law applicable in this behalf. All the Chief Secretaries/Administrators of all the State Governments/ Union Territories Administrations vide letter dated 18.07.2023 have duly been instructed to do the needful."The Court added that its hopes and trusts that adequate programmes of awareness may be launched and accomplished by the State to achieve such an object. Disposing of the PIL, the Court in the order passed on March 25 said that the direction for awareness programmes as issued by it shall be carried out in its true spirit..Petitioner Moti Lal Yadav appeared in person.Senior Advocate and Deputy Solicitor General of India SB Pandey, with Advocate Varun Pandey, represented the Union of India..[Read Judgment]
The Allahabad High Court recently remarked that a manufacturer based in Kanpur did not seem to disrespect the national flag by labelling incense sticks (agarbattis) as Tiranga [Moti Lal Yadav v. Union of India and Others].A bench of Justices Attau Rahman Masoodi and Ajai Kumar Srivastava was dealing with a Public Interest Litigation seeking action against the owner of 'Tirangana Agarbatti' for alleged violation of Prevention of Insults to National Honour Act, 1971."We do not gather any violation of the code of national flag, prima facie, as there is no disrespect of the national flag to any extent by opposite party No.5 while labeling the incense sticks (agarbattis) named Tiranga," the Court said, as it refused to entertain the prayer..On the prayer seeking mass awareness campaigns and enforcement of Flag Code of India, Emblems and Names (Prevention of Improper Use) Act and the Prevention of Insults to National Honour Act, the Court said,"It cannot be said that the State is not carrying out the exercise for mass awareness as regards the sanctity of National Flag as per the relevant law applicable in this behalf. All the Chief Secretaries/Administrators of all the State Governments/ Union Territories Administrations vide letter dated 18.07.2023 have duly been instructed to do the needful."The Court added that its hopes and trusts that adequate programmes of awareness may be launched and accomplished by the State to achieve such an object. Disposing of the PIL, the Court in the order passed on March 25 said that the direction for awareness programmes as issued by it shall be carried out in its true spirit..Petitioner Moti Lal Yadav appeared in person.Senior Advocate and Deputy Solicitor General of India SB Pandey, with Advocate Varun Pandey, represented the Union of India..[Read Judgment]
