Karnataka High Court highlights misuse of flags and symbols, issues directions to implement regulations
The Karnataka High Court has taken note of the misuse of national symbols like the national flag by former parliamentarians and legislators, among others. The observations were made during an order passed by a division bench consisting of Chief Justice N V Anjaria and Justice M I Arun on April 4.
The case in question was a public interest litigation (PIL) filed by the High Court Legal Services Committee. It sought the proper implementation of the Emblems and Names (Prevention of Improper Use) Act and the State Emblem of India (Prohibition of Improper Use) Act, along with the attendant rules, including those pertaining to motor vehicles.
Observing the existing cases at the high court and Supreme Court levels, the bench observed that there was a tendency to misuse the symbols by former legislators and parliamentarians.
The bench said, '…there is tendency amongst the constitutional authorities who are the former authorities no more in the office, the former Members of the Parliament or Ex-Legislators have been misusing the Emblem, Flags, Names, etc. by fixing them in their letter heads and the number plates of the vehicles. This conduct is both unfortunate and depreciable.'
The bench also referred to the case of 'Mukachand Bothra vs Central Government', wherein an ex-MP had allegedly used a letter pad with the national emblem on it to file a police complaint.
In this context, the high court issued directions to the State as well as the Ministries for Home Affairs, Road Transport, and Consumer Affairs to implement the relevant laws. The court also directed that a notice should be issued for the removal of unauthorised flags and emblems, while setting out programs to sensitise officials and authorities to prevent misuse. It was also recommended that schoolchildren and law students be involved in spreading awareness.
The court also directed that the traffic police ought to be sensitised to spot such violations, and regulations framed to cancel driving licenses and impose fines on violators.
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