Firm's owner summoned as accused of insulting national flag

 The proprietor of a pest control service firm was on Friday summoned as accused by a Delhi court for allegedly insulting the Indian flag by printing it and the Ashok Chakra on pamphlets along with the photo of a cockroach.

New Delhi: The proprietor of a pest control service firm was on Friday summoned as accused by a Delhi court for allegedly insulting the Indian flag by printing it and the Ashok Chakra on pamphlets along with the photo of a cockroach.

The court summoned the accused on June 30, saying a prima facie case was made out against the owner of M/s Terminix (Termin-X) for committing offence under section 2 (insult to Indian national flag and Constitution of India) of the Prevention of Insult to National Honour Act.

"It is a settled proposition of law that for the purpose of summoning of accused, what is to be seen is whether 'prima facie' case exists or not.

"Keeping in view the testimony of complainant witness 1 and documents, this court is satisfied that prima facie case is made out against accused for the offence under section 2 of Prevention of Insult to National Honour Act, 1971. Accused accordingly be summoned... For June 30," Metropolitan Magistrate Akash Jain said.

The court's order came on a complaint filed by one Rajiv Jolly Khosla alleging that he found pamphlets showing the national flag, the pest service brand name along with the photo of a cockroach.

These pamphlets were being distributed through newspapers and the firm's employees to promote its pest control service business, the complaint, filed on August 13, 2012, alleged.

It contended that the acts of the firm's proprietor had insulted the national flag and caused hurt to the sentiments of the complainant and public.

The complainant further said he had complained to the police but no action was taken. So, he approached the court.

He urged the court to summon the firm's owner for the offence under the Prevention of Insult to National Honour Act, which entails imprisonment upto three years.

In support of his plea, the complainant examined himself in the court and relied upon documents like the pamphlet and the complaints made by him to various authorities.

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