Can hoisting national flag be a bail condition?
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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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