Orissa HC takes strong exception to misuse of National Emblem
The Court was hearing a Public Interest Litigation (PIL) filed by a civil society group from Ganjam district, which highlighted multiple instances of blatant and apparent misuse of the emblem.
A Division Bench comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman took serious note of the matter.
The PIL raised concerns over the rampant misuse and violations of the State Emblem of India (Prohibition of Improper Use) Act, 2005, which strictly prohibits the improper use of the national emblem for professional and commercial purposes.
The State Emblem of India, an adaptation of the Lion Capital of Ashoka dating back to 280 BCE during the Maurya Empire, serves as the national emblem and is used by the Union Government, State Governments, and other government agencies.
'There is no fetter on the part of the Court in passing a direction for initiation of a proceeding against the persons, who violate any of the provisions of the said Act or misuses the State Emblem of India but this Court feels that the larger issue is required to be addressed so that the misuse of such Act can be prevented and there should be a spreading of awareness into a common citizenry of the State, including the officials while using the State Emblem of India', the Division Bench ruled in a order pronounced on 12 August.
'We, therefore, appoint Manoj Kumar Mishra, Senior Advocate, the President of the Orissa High Court Bar Association and Subir Palit, Senior Advocate to act as Amicus Curiae to assist the Court in achieving the main object, more particularly, the prevention of misuse of the State Emblem of India and spreading of awareness amongst the people of the society throughout the country', the Division Bench said in a ruling.
The court then fixed September 2 as the next hearing date.
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