"Please tell the truth": Calcutta High Court to State after Suvendu Adhikari files PIL alleging national flag desecration on I-Day

The Calcutta High Court on Tuesday sought West Bengal government's response to a plea by Bharatiya Janata Party (BJP) leader Suvendu Adhikari alleging desecration of national flag in Hooghly district on Independence Day. .The plea alleged that violence broke out in a school in Hooghly following desecration of a national flag and that the victims of the violence including women were arrested..A bench of Chief Justice (CJ) TS Sivagnanam and Justice Hiranmay Bhattacharyya expressed deep concern over the alleged desecration of the national flag during a significant national event like Independence Day.The Court emphasized the importance of ensuring that those who engage in such acts are held accountable and learn a lesson."Is it not a very serious issue? Especially on Independence Day, someone desecrates the national flag and dishonours our flag. The State should be more pro-active on this issue. Forget what allegations are made by the petitioner but these people who desecrated the flag must be taught a lesson," the Court said..However, the State government claimed that no desecration of the flag had taken place. .The Court then asked why 16 to 17 persons were arrested if no desecration had indeed taken place.It highlighted the gravity of the issue and stressed the need for a transparent and truthful approach in addressing the matter, irrespective of its political implications. The Court even offered to discharge Suvendu Adhikari as petitioner "You please tell the truth. Also, every matter you give it a political color this isn't permissible. You please tell the truth. If desecration has taken place, if statements of school authorities, etc have been recorded or not? Merely by closing your eyes, the world won't become dark. So you need to tell the truth. My experience here is, the cause is never in the focus but only the person, who brought the issue before the court is in focus. If you want, we will discharge the petitioner," the Court said..Adhikari's counsel Srijib Chakraborty contended that the issue was now 'communal' and that the majority community 'needed protection'..The bench emphasised that the Flag Code allows everyone to hoist the flag. "All the more each one of us, who hoists the flag, has the responsibility to respect the Flag. If someone does something wrong local police can even take suo motu action," the CJ pointed out.The bench further condemned the incident since it took place in the presence of children."Day-in and day-out children across the nation are singing national anthem. West Bengal must be proud that national anthem originated from here. But the young minds (here) are seeing this. Is it not a disgrace to all of us as Indian citizens, if there is a desecration of national flag and you (State) say it hasn't happened. This is too bad. As a State you must properly defend the matter," the Chief Justice remarked..In its order, the Court recorded that the State attempted to assert that no desecration occurred possibly because the petition was filed by a political person. This could be a reason for the State to take such a stand, the Court opined.In this context, the Court emphasized that its concern lies with the cause rather than the petitioner. It underlined the State's duty to ensure the honourable treatment of the Indian flag and the strict implementation of the Flag Code."For us, the petitioner is of no concern but the cause is. In our opinion, if desecration of national flag has taken place in a government school, it is a serious issue. The State has a duty to ensure there is no dishonour caused to the flag and Flag Code is strictly implemented," the Court said..The Court said that if such an incident indeed took place, the same must be deprecated. Accordingly, the Court sought a comprehensive reply from the Principal Secretary of the Home Department, West Bengal government, providing clarity on the sequence of events following the alleged flag desecration incident. Additionally, the Court impleaded the school where the incident unfolded, as a party in the case..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.