Karnataka HC quashes case against school principal in national flag insult case

While quashing the proceedings initiated against Venugopal under Section 2 of the Act, Justice M Nagaprasanna said, “I do not find any deliberate act on the part of the petitioner in the alleged crime”.

In the order, Justice Nagaprasanna referred to the complaint and noted that mens rea becomes the key ingredient of an offence under Section 2 of the Act. Justice Nagaprasanna observed that the students had admitted their mistake and submitted an explanation on October 2, 2024, stating that they had unknowingly placed the principal on the national flag.

The bench reproduced the petitioner’s original photo and the edited one. “It becomes clear that a picture of the petitioner taken elsewhere was edited and placed on the national flag. It ostensibly cannot be by the petitioner himself, but as admitted, by the student.”

“The petitioner has also given a plausible explanation for the students doing so. Even otherwise, there are no antecedents of the petitioner that would entail investigation in the case at hand. Therefore, holding no mens rea and inherent improbability in doing the said act. I deem it appropriate to obliterate further investigation into the matter.”

Advocate Radhika K, appearing for the principal, argued that Venugopal’s mobile phone was with the students at the time of the celebration,s and they edited his picture and placed him above the national flag.

She also argued that Venugopal had no intention of insulting the national flag and had no knowledge of what the students were circulating. She claimed the students have an animosity toward Venugopal because he is a very strict teacher, and therefore, they edited his image only to embarrass him.

His counsel also argued that he has great respect for the national flag, and he could not even imagine disrespecting it. Moreover, there is no instance of antecedent except the one that is now projected in the subject crime, she added.

Additional State Public Prosecutor B N Jagadeesha opposed the petition, contending that the photo shows the principal standing on the national flag. Jagadeesha said that whether the students edited and posted it or otherwise must necessarily mean that the case has to be investigated.