Court Rules No Evidence of Intentional Disrespect; Non-speaking Magistrate Order Held Illegal
In a significant ruling, the Bombay High Court quashed an FIR and charge sheet against an 89-year-old senior citizen, V. K. Narayanan, accused of disrespecting the Indian National Flag by allegedly displaying it with the saffron down during a flag-hoisting ceremony. The court found no evidence of intentional disrespect by the applicant and criticized the non-speaking order of cognizance issued by the Magistrate.
The judgment, delivered by Justice Ashwin D. Bhobe, addressed the application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR registered by the Tilak Nagar Police Station under the Prevention of Insults to National Honour Act, 1971. The FIR, initially filed on January 27, 2017, accused Narayanan and others of flag disrespect during the Republic Day celebrations at the Shri Rajani Society.
The court emphasized the necessity of 'mens rea' or criminal intent as a requisite for the offence under Section 2(4)(l) of the Prevention of Insults to National Honour Act, 1971. Justice Bhobe pointed out the absence of any material evidence indicating that Narayanan had intentionally displayed the flag in an inverted position or had any involvement in the act.
The court also scrutinized the Magistrate's order taking cognizance of the charge sheet, which was found to be non-speaking and devoid of any reasoning or application of mind. Justice Bhobe underscored that judicial acts such as taking cognizance require a clear articulation of the Magistrate's reasoning based on the material presented.
Highlighting the principles laid down in the landmark case of State of Haryana v. Bhajan Lal, the court noted that the present case warranted the exercise of powers to prevent abuse of the process of law. Consequently, the court quashed the impugned FIR, charge sheet, and the Magistrate's order, providing relief to the senior citizen.
The ruling reaffirms the judicial standards required in the issuance of process and the necessity for evidentiary support in allegations of national honor violations. It also serves as a reminder of the critical balance between legal processes and individual rights, particularly concerning fundamental symbols of national pride.
Bottom Line:
Application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing FIR alleging intentional display of Indian National Flag with saffron down - Mens rea is required to constitute offence under Section 2(4)(l) of Prevention of Insults to National Honour Act, 1971 - No material on record indicating intentional act of disrespect by applicant - Non-speaking order by Magistrate taking cognisance held illegal.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Prevention of Insults to National Honour Act, 1971 Section 2(4)(l)
V. K. Narayanan v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2857651
