Can hoisting national flag be a bail condition?

Last Updated: Wednesday, October 14, 2009 - 23:38

New Delhi: Can an accused be compelled to
hoist the national flag and serve an orphanage for a week as a
pre-condition for grant of bail?

The Supreme Court will examine the question on a petition
filed by two accused-- Thamizharasan and V Bharathi.
A bench of Justices B Sudershan Reddy and Deepak Verma
sought a response from Tamil Nadu government on the duo`s
petition challenging the "abnormal conditions" imposed by the
Madras High Court in a case relating to alleged attempt to
burn the national flag.

The High Court had imposed the conditions on the
ground that it was necessary to inculcate a sense of
"fundamental duties" in the citizens as there was a growing
trend among agitators in the country to burn national flags,
damage trains and other public properties.

According to the prosecution, on April 25, 2009 around
10.15 a.m, the two accused assembled in front of the District
Collector`s office in Coimbatore and attempted to burn the
Indian and Sri Lankan flags to protest alleged genocide
committed on Tamils by Sri Lankan army.
They were arrested on the charge of dishonouring the
national flag and the sessions court refused to grant them
bail, after which the accused approached the High Court.

The high court had on May 18 granted bail to the
accused subject to the condition that-- Thamizharasan and V
Bharathi would hoist the national flag in front of their
respective homes every day for a week and serve a local
orphanage/welfare home during the period.

Bureau Report



First Published: Wednesday, October 14, 2009 - 23:38

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