3 min readMumbaiFeb 25, 2026 10:17 AM IST
First published on: Feb 25, 2026 at 10:17 AM IST
Giving respite to an octogenarian, the Bombay High Court on Monday set aside a criminal case registered against him by the Mumbai police in 2017 after the national flag was found hoisted upside down on his society terrace during that year’s Republic Day function.
A single-judge bench of Justice Ashwin D Bhobe on February 23 passed an order on a plea by V K Narayanan, 89, challenging the January 2017 First Information Report (FIR) and subsequent chargesheet by the Tilak Nagar police station for offences punishable under Section 2(4)(l) of the Prevention of Insults to National Honour Act, 1971.
The court order was made available on Tuesday.
The police claimed that on January 26, 2017, members of Shri Rajani Society assembled for a flag-hoisting ceremony at around 9.15 am. After the ceremony, the police claimed that the society members dispersed, leaving the terrace gate open. A police team visiting the society at 4 pm found the flag inverted, prompting the FIR against the applicant and five other residents
Narayanan’s advocate Rajendra Sorankar argued that his client is now immobile and suffering from age-related ailments, and last month, to prevent further distress to him, had placed on record an unconditional apology as the issue involved the national flag.
Sorankar also argued that the FIR and the chargesheet did not contain material or evidence to indicate that the applicant had hoisted the flag, “much less that he did so intentionally in an inverted position” and mere presence at the function cannot make out a case against him.
“Even if the allegations in the FIR and the evidence collected are accepted as true and correct, it does not appear that the applicant displayed the Indian national flag with the saffron down, much less that the applicant had any such intention. The applicant’s mere presence at the place of hoisting of the flag, as alleged, would not amount to an offence under Section 2(4) (l) of the Prevention of Insults to National Honour Act, 1971,” Justice Bhobe observed.
The high court further noted that neither the watchman’s statement, which was relied upon by the prosecution, nor any other material indicated the applicant hoisted or displayed the flag.
“Similarly, there is no material on record to show that any act of the applicant was intended to insult or show disrespect to the honour of the Indian national flag,” the high court observed and quashed the proceedings against him.
The high court further noted that neither the watchman’s statement, which was relied upon by the prosecution, nor any other material indicated the applicant hoisted or displayed the flag. 
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