Allahabad High Court denies bail in anti-national post case, stressing that the Indian National Flag is a symbol of pride, patriotism, honour, and unity.
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UTTAR PRADESH: The Allahabad High Court recently declined to grant bail to a person accused of insulting the Indian National Flag through a social media post. The case highlights the judiciary’s strong stance on protecting the dignity of national symbols and preserving societal harmony.
Case Background
The Applicant had filed a bail application after being charged under Sections 152, 192, 197(1), and 353(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. The allegations against him were grave:
- He allegedly uploaded a post on his Facebook account supporting Pakistan, with the words: “Kamran Bhatti Proud of You. Pakistan Zindabad.”
- He allegedly placed the Indian National Flag on the ground, made a dog sit upon it, and commented: “Ab to kutty b mot rahe h.”
According to the FIR, this act not only insulted the national honour but also hurt the religious sentiments of the public. It was feared that such provocative content could incite enmity, hatred, and animosity between castes and communities, potentially disturbing public peace.
The Applicant, however, contended that he had not uploaded or liked any anti-national content, and that he had no intention to hurt the sovereignty or integrity of India.
Court’s Observations
Justice Sanjay Kumar Singh, presiding over the matter, made strong observations while rejecting the bail plea:
The Court emphasized that the Indian National Flag is a symbol of pride and patriotism, representing the hopes and aspirations of the people of India.
Justice Singh noted,
“The Indian National Flag should not be intentionally allowed to touch the ground or the floor. It should be revered and any comment or insult, is a punishable offence by law.”
The Court reiterated that any act of burning, mutilating, defiling, destroying, or trampling upon the National Flag constitutes an offence.
Regarding the Applicant’s actions, the Court said
“The comment made by applicant while insulting Indian National Flag that ‘Ab to kutty b mot rahe h’ is a matter of grave concern.”
The Court concluded that the Applicant’s conduct was deliberate and unpatriotic, aimed at lowering the dignity of India. The posts uploaded on social media were found to be:
- Provocative
- Objectionable
- Capable of inciting communal disharmony
- A threat to public peace and order
The Court also stressed that the glorification of anti-national ideology cannot be ignored. Individuals directly or indirectly involved in maligning the image of India or the National Flag are hazardous to society and thus not entitled to sympathetic consideration.
Case Title:
Vasik Tyagi V. State of U.P. Through It Principal Secretary (Home)
CRIMINAL MISC. BAIL APPLICATION NO. 27331 OF 2025
Read Judgment:
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