Act Of Leaving National Flag In Hoisted Position After Sunset Maybe A Misconduct But Not An Offence: MP High Court

The Madhya Pradesh High Court last week observed that the act of leaving the National Flag in hoisted position even after sunset, maybe an act of advertent or inadvertent forgetfulness, misconduct, but it can't be held to be a contemptuous act. Before the Court, the counsel for the petitioners submitted that even if the allegations contained in the FIR are treated to be true, then too they do not constitute any offence as the alleged act of leaving National Flag at a hoisted position at about 8.30 PM i.e. On the other hand, the respondents argued that Sec.2 of 1971 Act had to be read in conjunction with the said Clause of Sec.2 of Flag Code, and therefore, it was obvious that the petitioners had committed the offence punishable u/S.2 of 1971 Act Court's observations Referring to Section 2 of the 1971 Act, the Court observed that the provision is attracted when a person is found in public place within public view burning mutilating, defacing, defiling, disfiguring, destroying, trampling upon or bringing or otherwise bringing into contempt by words spoken or written or by act begin the Indian National Flag. Against this backdrop, the Court observed that the act of petitioners do not squarely fall within Sec.2 of 1971 Act and therefore, the Court ruled thus: "… the act of leaving the National Flag in hoisted position even after sunset may be an act of advertent or inadvertent forgetfulness and subject matter of misconduct but not contemptuous unless it is shown that hoisting and flying the National Flag between sunset and sunrise is expressly prescribed as an offence in specific terms."