The Madras High Court disposed of a Petition filed seeking direction to remove the stickers and other artifacts containing “Emblem”, “G”, “Govt of India”, “Government of Tamil Nadu”, “High Court” and “Police” in all private vehicles.

Ajay Francis Inigo Loyola , counsel for the petitioner submitted that large number of persons are misusing the stickers and other artifacts containing “Emblem”, “G”, “Govt of India”, “Government of Tamil Nadu”, “High Court” and “Police” on private vehicles, without authority. Directions be given to the respondents to remove such stickers and artifacts from private vehicles and necessary action be taken against the erring persons.

A Single Judge of the High Court, in W.P.No.14697 of 2014, under order dated 05.01.2022, has issued the following directions:

“64. Though, the writ petitioner is able to establish that the National Emblem has been misused by the Ex-Member of Parliament for the purpose of registering a complaint against the original writ petitioner, no relief needs to be considered as the original writ petitioner died. Considering the inaction on the part of the State Government with reference to the letter issued by the Ministry of Home Affairs to the Government of Tamil Nadu dated 12.06.2023, this Court has considered the issues raised by the petitioner and is inclined to pass the following orders:

(i) The 5 th respondent/the Director General of Police, Tamil Nadu is directed to issue wide publications through Visual Media and Press Media, providing an opportunity to all concerned to remove all kind of unauthorised usage of Flags, Emblems, Names, Symbols, Stickers, Seals, etc., within a period of one month, from the date of such publication.

(ii) The 5 th respondent is directed to register cases under the provisions of the Act, on expiry of the said period of one month and prosecute the offenders by following the procedures as contemplated under law.

(iii) The respondents 3 to 5 are directed to sensitise the competent authorities/Police officials for the purpose of securing informations regarding misuse of Flags, Emblems, Stickers, Names, etc., and in the event of any violation on the part of the law enforcing officials strict actions are to be taken against such officials, for dereliction of duty.

(iv) The 5 th respondent is directed to instruct the Subordinate Police officials across the State of Tamil Nadu to register cases under the provisions of the Act and Rules, in the event of receiving information from any person and by verifying/investigating the genuinity of the informations and complaints.

(v) The 5 th respondent/the Director General of Police, Tamil Nadu is directed to issue appropriate circular/instructions for implementation of Act and Rules, to all the Subordinates/Police officials, within a period of two weeks from the date of uploading of this order copy in the official website of the High Court. The instructions to be issued shall contain the procedures to be followed for registration of cases by the competent authorities, in consonance with the Act and Rules.”

The directions given by the Single Judge in the aforesaid order would take care of the grievance raised by the petitioner in the present petition also , held by the Division Bench of Chief Justice Sanjay V.Gangapurwala and Justice P.D. Audikesavalu.

Additional Public Prosecutor submits that pursuant to the said order, a Circular Memorandum has been issued on 19.01.2022, for implementation of the aforesaid order.

According to Additional Public Prosecutor, orders are issued and actions are being taken against the erring persons. Till date, 104017 private vehicles containing stickers and artifacts containing “Emblem”, “G”, “Govt of India”, “Government of Tamil Nadu”, “High Court” and “Police” were detected. The same were directed to be rectified and a fine of Rs.16,56,000/- was imposed on those erring persons.

“Monitoring and survey of such vehicles is a continuous process. The respondent authorities are bound to ensure that the stickers and artifacts containing “Emblem”, “G”, “Govt of India”, “Government of Tamil Nadu”, “High Court” and “Police” and such other institutions, are not being misused and upon detection of the same, action is required to be taken by the authorities.”

It is assured to the High Court by the Additional Government Pleader that the State authorities would take stern action against the erring persons. ‘

It is the responsibility of the State authorities to ensure that the number plate stickers of the private vehicles are not in contravention of the Rules, Regulations and Executive Instructions , the Bench directed.

The Delhi High Court on Wednesday disposed of a plea praying for placing the National Flag, the Statue of Justice, as also the National Emblem in Delhi Courts. 

The matter was listed before the Division Bench comprising Chief Justice D. N. Patel and Justice Jyoti Singh. 

Petitioner-in-person Shrikant Prasad submitted that a statue of a mother and a child holding a book depicting sign of balance can be seen in the premises of the Supreme Court, but the size of the same is so small that it is not visible from an ordinary person’s view. 

The Bench was not inclined and asked him if he seeks to withdrew the petition. Accordingly, he withdrew the plea unconditionally.

The plea was filed as a public interest litigation by Rajkishore Prasad Kushwaha, a practising lawyer, along with Shrikant Prasad, a final year law student. 

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It prayed for placing the National Flag, the Statue of Justice and the National Emblem inside the courtrooms and at the entrance of all courts within the national capital. The plea claimed that this would develop a feeling of patriotism and nationalism in the minds of the stakeholders of the courtrooms; and also in the minds of offenders, which may change their criminal behaviour and turn them into law-abiding citizens. 

It stated that the National Flag fosters national spirit and is a symbol of national unity and harmony. The Statue of Justice symbolises fair and equal administration of the law, without corruption, favour, greed, or prejudice; whereas the National Emblem symbolises power, courage and confidence. 

It further stated that major developed nations, including the US and the UK, have placed the flags of their nations and their national symbols in their courtrooms. If Indian courtrooms will also take this step, it would awaken the people’s mind and generate a positive energy in the court, the plea claimed.

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Relying on the ‘Social Disorganization Theory’, which links crime rates to neighbourhood ecological characteristics and stated that a person’s residential location is a substantial factor in determining the likelihood of him being involved in criminal activities, the plea alleged that lack of nationalism and patriotism plays a major role in facilitating commission of crime.

“It is necessary to place the Statue of Justice and National Flag right in front of the main gate of each court because all these actions will increase people’s reverence for justice and reduce crimes, when the nationalism and patriotism will be visible,” it added.

New Delhi (ILNS): The Madhya Pradesh High Court yesterday rejected the petition of producer Ekta Kapoor for quashing the FIR lodged for the controversial scenes of Season 2 of the web series ‘XXX’ aired on the OTT platform Alt Balaji.

An FIR was registered against Kapoor in a local police station five months ago on charges of spreading obscenity through the broadcasting of the web series, offending ‘religious sentiments’, and insulting national symbols.

Justice Shailendra Shukla of the Indore bench of the Madhya Pradesh High Court gave a detailed verdict while dismissing the petition filed under Section 482 of the Criminal Procedure Code.

After reviewing the pleas of all the concerned parties, the single bench said in a 65-page judgment that it seems that the facts of the trial are not such that the court at least uses its extraordinary powers under Section 482 of the CrPC for quashing the FIR at least in respect of Section 67, 67-A of IT Act and Section 294 of IPC.

However, the court has given relief to Kapoor in connection with the allegations made in the FIR for hurting religious sentiments and improper use of national emblems through the telecast of the web series.

The single bench remarked in its judgment that it would be sufficiently fair to say that the provisions of Section 298 (Offending religious sentiments) in IPC and the State Emblem of India (Prohibition of Improper Use) Act has not been found in the case.

Kapoor had filed a petition in the high court denying the allegations leveled against him in the FIR lodged by the city’s Annapurna police on June 5 and pleaded with the court to quash the case.

 A police official said that the FIR came on the complaint of two local residents – Valmik Sakaragaye and Neeraj Yagnik – along with sections 294 (obscenity) and 298 (offending religious sentiments) of the Indian Penal Code, and the state emblem of India ( Prohibition of improper use) Act was registered.

He said in the complaint that Season 2 of the web series “XXX” aired on Kapoor’s established OTT platform Alt Balaji, spread vulgarity in society, and hurt the religious sentiments of a particular community. It also alleged that in one scene of the web series, the national symbols were insulted by presenting the uniform of the Indian Army in a very objectionable manner.

-India Legal Bureau