Bombay High Court quashes FIR against senior citizen booked after national flag hoisted in his society upside down

The Bombay High Court quashed a 2017 criminal case against an octogenarian who was booked after the national flag was found hoisted upside down in his housing society terrace on Republic Day [VK Narayanan v. State of Maharashtra]..By an order dated Fenruary 23, Justice Ashwin D Bhobe allowed the plea filed by VK Narayanan, a retired resident. Narayanan sought quashing of the FIR and chargesheet under Section 2(4)(l) of the Prevention of Insults to National Honour Act, 1971. The trial court had taken cognizance of the chargesheet in 2017. .Justice Bhobe held that intention was key to the offence as per Section 2(4)(l) of the 1971 Act and in this case, there was no intent on the part of the accused to insult the national flag.“To constitute the offence under Section 2(4)(l), the display of the Indian National Flag in an inverted manner must be intentional. Thus, mens rea to cause insult or disrespect, or to bring the Indian national flag into contempt, would be required,” the order said.The Court slammed the Magistrate for passing cognisance order mechanically and without application of mind..The Court noted that the FIR merely alleged Narayanan’s presence at the time of the flag hoisting but neither the watchman’s statement nor any other material indicated he hoisted or displayed the Indian national flag or was involved in its display.“The Applicant’s mere presence at the place of hoisting of the Flag, as alleged, would not amount to an offence under Section 2(4)(l),” Justice Bhobe concluded..The prosecution argued that members of the society, including Narayanan and children, had gathered in the building premises around 9:15 am on Republic Day in 2017 for a flag-hoisting ceremony. After the ceremony, the society members dispersed, leaving the terrace gate open. Later that afternoon, around 4 pm, a few police officers arrived at the society premises and found the flag hoisted on the terrace upside down..Narayanan’s counsel pointed out that the applicant, now immobile, had on January 22 this year placed on record an unconditional apology to prevent further distress, considering it was an issue involving the national flag.However, he emphasised there was no evidence that Narayanan had hoisted the flag, let alone intentionally inverted it.The Court found no evidence against Narayanan and hence, quashed the case against him. .Advocate Rajendra Sorankar appeared for Narayanan. Additional public prosecutor Pallavi Dabholkar appeared for State. [Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.