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States, UTs to deal with complaints on National Flag: Govt to HC

Last Updated: Friday, November 15, 2013 - 16:17

New Delhi: Insult to the National Flag and Emblem by anyone is to be dealt with by the concerned state or Union Territory where the violation has occurred, the Centre has informed the Delhi High Court.

This was conveyed by the government in response to a petition seeking directions to ensure proper display of the flag and emblem at all occasions and places.

The submission was made by the Ministry of Home Affairs in its affidavit placed before a bench of Chief Justice N V Ramana and Justice Manmohan which has sought the response of the petitioner by February 12.

"It is submitted that when a complaint regarding improper display or insult/disrespect to Indian National Flag and improper depiction/misuse of State Emblem is brought to notice of MHA, concerned state/UT where said violation has taken place is asked to take necessary action as per the (relevant) Act and Rules. Any further action is required to be taken by the concerned state/UT.

"It is submitted that complaint, if any, regarding insult/ disrespect to the Indian National Flag by any individual/ organisation may be made at the nearest police station. The police authorities who are charged with the enforcement of law and order within their respective territorial jurisdiction are responsible for taking action under the law for violation of provisions contained in the said Act," the MHA affidavit said.

The court was hearing a PIL filed by social activist and film maker Ulhas P R saying misrepresentation of the National Flag by the government departments on different occasions has been reported in newspapers and despite online complaints against them, no action has been taken.

The petitioner had claimed that despite complaints to various ministries, including MHA, nothing has been done.

MHA, however, in its response has said, "The onus for actual implementation and enforcement of the various provisions of the Act regulating the use/display/hoisting of the National Flag lies with the authorities under whose territorial jurisdiction any such act of omission takes place."

First Published: Friday, November 15, 2013 - 16:17

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