The Allahabad High Court declined to quash the case against Muslim men accused of carrying a Tiranga with Arabic verses. The Court emphasized that such incidents could be exploited by those attempting to create communal discord or misunderstandings between communities.
Prayagraj: The Allahabad High Court recently declined to dismiss the criminal case against six Muslim men accused of carrying a Tiranga inscribed with Arabic verses during a religious procession.
Justice Vinod Diwakar noted that the act, on the face of it, could be considered an insult to the national flag, agreeing with the prosecution’s stance that it violated Section 2 of the Prevention of Insults to National Honour Act.
The Court further emphasized that India’s national flag represents the unity and diversity of the country, rising above religious, ethnic, and cultural distinctions.
The Court stated,
“The Tiranga is a unifying emblem that embodies the collective identity and sovereignty of India. Disrespecting it can have significant social and cultural consequences, especially in a diverse society like ours. Such actions may be exploited by those aiming to incite communal discord or misunderstandings between communities. It is important to ensure that the actions of a few individuals do not lead to the stigmatization of an entire community.”
The accused charged by the Jalaun Police last year. In their request to quash the proceedings, they argued that the investigation did not clearly establish whether the flag in question indeed a Tiranga or simply a flag with three colours.
They also contended that the police had not provided any evidence indicating that the national flag had been defaced or disrespected. Additionally, it alleged that the case was built on manipulated facts and that witness statements were obtained through coercion by the police.
On the other hand, the State referred to witness statements to assert that Islamic verses in Arabic were found inscribed on the Tiranga.
The Court ruled that the issues raised by the accused involved factual questions that should be properly addressed during the trial, rather than at the current stage.
The Court stated,
“The adjudication of factual questions, the evaluation of evidence, or the assessment of the reliability and credibility of the narrative do not fall within the scope of jurisdiction under Section 482 Cr.P.C. Given the material on record, it cannot be concluded that the criminal proceedings in question were initiated with mala fide intent or maliciously instituted with an ulterior motive for revenge or out of personal grudge.”
With this reasoning, the Court dismissed the plea to quash the case.
The petitioners represented by Advocates Amarjeet Chakrawarti and Ganesh Shanker Srivastava.
This decision highlights the Court’s stance on ensuring that issues involving national symbols are treated with the seriousness they deserve, and that such matters are fully explored in a court of law rather than dismissed prematurely.
Read Order: [Gulamuddin And 5 Others vs State of UP and Another].
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