Bhimsingh's oversight during Independence Day celebrations deemed an unintentional mistake, not an insult to national honour.
In a significant ruling, the Karnataka High Court, Kalaburagi Bench, quashed the proceedings against Bhimsingh, a Second Division Assistant in the Gram Panchayat of Alloli, who had unintentionally hoisted the National Flag upside down during the Independence Day celebrations on August 15, 2021. The court, presided over by Justice Rajesh Rai K, concluded that the act was a result of negligence and not an intentional insult to the national honour.
The incident came to light when the Panchayat Development Officer of Alloli village filed a complaint, leading to charges being filed under Section 2 of the Prevention of Insult to National Honours Act, 1971. The complaint alleged that Bhimsingh, responsible for the flag hoisting ceremony, negligently displayed the flag incorrectly. The police investigation resulted in a chargesheet, prompting the magistrate to take cognizance of the offence.
However, Bhimsingh challenged the proceedings, arguing that the error was purely unintentional, and he had no motive to disrespect the National Flag. His counsel emphasized that Bhimsingh, a government employee, holds the National Flag in high regard and the error was due to oversight.
The High Court, after reviewing the charge sheet and witness statements, found that the act lacked any intention or ulterior motive to insult the flag. Citing the precedent set by the Madhya Pradesh High Court in Anand Tiwari v. State of M.P., Justice Rajesh Rai K noted that it was unreasonable to believe that a government official would intentionally commit such an act, risking personal and professional repercussions.
Justice Rai observed that continuing proceedings against Bhimsingh would constitute an abuse of the court's process. As a result, the court allowed the petition and quashed the proceedings pending before the Civil Judge & JMFC, Chittapur.
The ruling underscores the importance of intent in cases related to national honour, distinguishing between deliberate acts of disrespect and unintentional mistakes.
Bottom Line:
Negligent act of hoisting the National Flag upside down without intention to insult does not attract the provisions of Section 2 of the Prevention of Insult to National Honours Act, 1971.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Prevention of Insult to National Honours Act, 1971 Section 2
Bhimsingh v. State of Karnataka, (Karnataka)(Kalaburagi Bench) : Law Finder Doc id # 2856892
