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Karnataka HC quashes case against govt official for hoisting national flag upside down
The incident took place during an Independence Day ceremony held at the Alloli Gram Panchayat office in Chittapur taluk in 2021.
“The act of the petitioner-accused was unintentional and it is only by mistake,” Justice Rajesh Rai K said in an order. (File Photo)
The Karnataka High Court has quashed a criminal case registered against a government employee who was booked for allegedly hoisting the national flag ‘upside down’ during an Independence Day ceremony held at the Alloli Gram Panchayat office in Chittapur taluk.
“The act of the petitioner-accused was unintentional and it is only by mistake,” Justice Rajesh Rai K said in an order dated February 12, allowing a petition filed by Bhimsingh, a second division assistant (SDA).
As per a complaint filed by Panchayat Development Officer Mallappa, Bhimsingh was in charge of the flag hoisting ceremony on Independence Day in 2021 and organised the ceremony at 8 am in the presence of the Gram Panchayat president and villagers. The complaint alleged that due to his negligence, the national flag was hoisted upside down.
The police filed a chargesheet against the accused after an investigation.
Advocate Basavaraj C Jaka, appearing for the petitioner, argued that the incident was absolutely without any intention to insult the national flag. The petitioner, being a government employee, has utmost respect for the national flag, he added.
The prosecution opposed the petition, contending that during the course of investigation, it was revealed that the petitioner, being a government servant, had displayed the national flag erroneously and thereby insulted its sanctity.
What the court ruled
The bench in its order noted that courts consistently declined to hold persons in authority/celebrities responsible for unintentional lapses with regard to national honour.
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The court referred to the allegations and evidence placed by the prosecution in the chargesheet and said, “The provision under Section 2 of the National Honour Act does not attract against the petitioner. Since the petitioner neither offered indignity to the National Flag nor intentionally displayed the National Flag with Saffron side down.”
Allowing the petition, the court said, “The continuation of proceedings against the petitioner-accused No.1 is nothing but abuse of the process of Court.”
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