Latest news with #ProhibitionofImproperUse)Act
United News of India
a day ago
- Politics
- United News of India
Orissa HC takes strong exception to misuse of National Emblem
Bhubaneswar, Aug16 (UNI) Taking strong exception to the misuse of the national emblem, the Orissa High Court has called for greater awareness among the general public, including government officials, regarding the proper use of the State Emblem of India. 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. UNI XC AAB
Time of India
4 days ago
- Politics
- Time of India
HC appoints 2 advocates to assist in checking ‘misuse' of national emblem, create awareness
1 2 Cuttack: Taking serious note of alleged misuse of the national emblem, Orissa high court on Tuesday appointed two senior advocates as amici curiae to assist in checking such instances and promoting public awareness about the symbol's legal and symbolic sanctity. The order came in response to a PIL filed by a Ganjam-based NGO on Dec 27, 2024, seeking strict action against unauthorised and incorrect usage of the national emblem. The division bench of Chief Justice Harish Tandon and Justice M S Raman observed that several instances cited in the petition clearly reflect violations of the State Emblem of India (Prohibition of Improper Use) Act, 2005. "The court has the power to direct action against violators, but the larger issue of public awareness must also be addressed," the bench observed, adding that the emblem's misuse stems from ignorance among both citizens and officials. Senior advocates — Manoj Kumar Mishra, president of the Orissa High Court Bar Association, and Subir Palit — have been appointed amici 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". The court directed all parties to furnish case documents and pleadings to the amici curiae within the week. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Walking shoes for elderly people with poor balance OUTLET Shop Now Undo The matter has been listed for next hearing on Sept 2. Advocate Pabitra Kumar Dutta, representing the NGO, highlighted cases where the national emblem has been misrepresented — often missing crucial elements such as the four lions or the motto 'Satyameva Jayate'. The petitioner also called for the inclusion of the national emblem in school curricula and nationwide campaigns to educate citizens on its cultural, legal and constitutional significance. Adopted on Jan 26, 1950, the national emblem is based on the 'Lion Capital' of Ashoka at Sarnath, featuring four Asiatic lions and the words 'Satyameva Jayate' inscribed in Devanagari script below. The PIL argues that misuse — intentional or otherwise — diminishes its meaning and national importance. In its Feb 19 order, the HC had criticised repeated adjournments sought by the Centre and emphasised the seriousness of the allegations regarding the national emblem's misuse. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
19-07-2025
- Politics
- Time of India
Govt sets four-week deadline toremove misused national symbols
Bengaluru: The state govt has issued a strict four-week deadline for the removal of all improperly used national and official symbols, following a directive from the Karnataka high court. A govt circular issued Thursday directed all departments to take stringent action against the misuse of the national symbols including the flag and the emblem and other protected insignia. The move follows communications from the union ministries of home affairs and consumer affairs, which instructed states to comply with the court order. "The court also directed the govt to take action against individuals and organisations who use the emblem on the number plates of their vehicles," the circular stated. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru The govt has invoked several legal provisions, including the State Emblem of India (Prohibition of Improper Use) Act, 2005, and the Central Motor Vehicles Rules, 1989, to curb the practice. The departments concerned have been asked to ensure that violations are met with appropriate legal consequences. "Officials should take strict action if they notice the misuse of national symbols. They should register cases under the provisions of the relevant Acts and Rules against those misusing them," the circular said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Buy the Dip: Top 5 Dividend Stocks with Growth Potential Seeking Alpha Read More Undo In a move to create public awareness, the circular also called for the involvement of students. "Schoolchildren and law students shall also be involved in spreading awareness against the misuse and unauthorised display of national symbols by any person, body, or organisation," it noted. To enforce the order on the ground, the state has asked departments to frame new regulations that include monetary penalties and cancellation of driving licences for violators. "The department concerned should frame regulations for the imposition of fines and for the cancellation of driving licences," the circular added. The state also plans to equip traffic police personnel to act effectively against the misuse. "Traffic police should be educated through training to keep proper vigil and take penal action whenever they come across violations," it said. The circular marks the beginning of a statewide crackdown on the unauthorised use of national insignia, particularly on private vehicles, as the govt looks to ensure stricter compliance with emblem protection laws.
Indian Express
29-05-2025
- Indian Express
Non-existent crime wing, misuse of Union minister, ex-CJI's name: How duo defrauded job aspirants of Rs 25 lakh
Sometime in 2017-18, Chennai resident Na Vijayshankar received the news he had been waiting for. He was told that he had been 'appointed' as a director in the 'Karnataka State Anti-Corruption and Anti-Crime (ACAC) Wing'. For the purpose, Vijayshankar had made a payment of ₹1 lakh to two men, Reningston Sales and Vincent Raju, to 'facilitate' the appointment. While perusing his appointment letter, a particular line caught Vijayshankar's attention: It contained the name of a Minister for State purportedly 'intimating Chief Secretaries of all the States about the appointment of former CJI RM Lodha (Retired) as the President of ACAC Wing of India.' He ran a quick Google search. Turned out, no such wing existed. Realising that he had been duped, Vijayshankar reported the matter to the Central Vigilance Commission, which then forwarded the information to the CBI. Following a preliminary enquiry, an FIR was lodged against Sales and Raju in 2022. As per the Central Bureau of Investigation (CBI), Vijayshankar was not the only one. With the same modus operandi, the accused had duped multiple people of a total amount of Rs 25 lakh. The duo, claimed the agency, also relied on a forged letter purportedly issued by a former President addressed to ex-CJI Lodha congratulating him for 'accepting the position of National President of ACAC Wing of India'. These forged documents were enough to coax multiple persons into giving the duo lakhs for the 'plum position' at ACAC, said officers. The officers said the accused, using forged documents, opened a bank account in which the money sent by various victims in the form of 'membership fee' of the wing was deposited. Officers said the accused took amounts ranging from Rs 1,000 to Rs 1,00,000 per membership for their victims. Rs 10.75 lakh from the total amount was withdrawn and diverted for personal use of the accused, they added. 'They had created a fake email ID in the name of which was used in commission of the offence. The recovery phone number in this email ID was found to belong to Mr. Reningston Sales (A-1). The information received from Google Inc also showed that fake email IDs were prepared from the same IP address of Mr. Reningston Sale (A-1),' alleged the CBI. A Zonal Office, at No. 44A, 18th Avenue, Ashok Nagar, Chennai, was given on rent to Raju, who had put up a board of 'ACAB' on his premises; Reningston Sales used to visit this address,' alleged the CBI as per the Court order. Their 'head office' in Paharganj existed only on paper. 'From the allegations in the charge sheet and the documents filed along with the charge sheet, there is sufficient material on record to take cognizance for commission of offences punishable under Section 120B r/w Section 420/471 IPC and Section 7 r/w Section 3 of the State Emblem of India (Prohibition of Improper Use) Act, 2005 and substantive offences thereof,' said Additional Chief Judicial Magistrate Nishant Garg of Rouse Avenue Court in his order dated May 23. The court has summoned the accused persons to appear before it on August 22. Sales and Raju had earlier been granted anticipatory bail by the Delhi High Court.
Indian Express
26-04-2025
- Politics
- Indian Express
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.
