Police can't arbitrarily restrict right to carry Indian Flag at peaceful rallies: Madras High Court

Citizens have a fundamental right to carry the national flag during peaceful rallies and the police cannot arbitrarily restrict the exercise of this right, the Madras High Court held recently [J Ramesh Kumar v. State of Tamil Nadu and others].

In the order passed on August 14, Justice V Lakshminarayanan said that displaying the tricolour is protected as freedom of expression under Article 19(1)(a) of the Constitution.

“Reading Article 19(1)(a) along with Article 19(1)(b), a citizen has a fundamental right not only to hoist the National Flag, but also to carry it during peaceful processions or rallies, whatever may be the purpose or intent of the rally, as an expression of national sentiment, as claimed by the petitioner in this case or in other cases, perhaps to express dissent,” the Court said.

Clarifying that the police cannot arbitrarily restrict this right, the Court added,

“It is hoped that in future, the police will ensure that the citizens are not driven to approach the Constitutional Courts in order to secure an order to pay homage to the Nation and its Flag."

The Court was hearing a petition filed by J Ramesh Kumar, the Coimbatore District President of the Bharatiya Janata Party (BJP). Kumar had challenged the police’s refusal to permit a Tricolour Flag Yatra in Coimbatore.

The rally was initially proposed to be held between 4 pm and 7 pm on August 13. However, the police rejected the proposed route on the grounds that it could lead to a breach of peace, inconvenience the public and create a law and order problem. The police indicated that permission could be considered if the rally was conducted from the Women’s Polytechnic College Junction to VOC Park.

The Court said that the denial of permission to carry out the yatra on law and order grounds shocked its conscience.

"I find it extremely amusing that if few persons want to gather and pay homage to the Nation and its Flag, the police find that it causing inconvenience to the public. Perhaps, the police who have to remind the public, who are so inconvenienced that they also have to pay homage to their Nation’s Flag," the Court said.

The Court said that instead of placing obstacles before those seeking to honour the national flag, the police are expected to provide support to them through their personnel and resources.

It, thus, permitted the rally to be held from MTP Road ARC Junction to North Kovai Chinthamani Junction on August 18.

Advocate A Kumaraguru represented the petitioner.

Government Counsel Arun Anbumani appeared for the State.

[Read Judgment]