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This is an archive article published on November 25, 1998

Two to stand trial for "insulting" national flag

NEW DELHI, November 24: Rejecting a CBI report, the Chief Metropolitan Magistrate, R.K. Gauba today summoned two officers from the office of...

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NEW DELHI, November 24: Rejecting a CBI report, the Chief Metropolitan Magistrate, R.K. Gauba today summoned two officers from the office of the Deputy Commissioner (DC), Tis Hazari, to stand trial for “insulting” the national flag in a public place six years ago.

Throwing out the CBI Investigating Officer’s (IO) report seeking closure of the case, the CMM observed that there was sufficient evidence on record against the two. “This case is a glaring example of the painfully slow pace at which the system moves,” the CMM said. The two government officers have been charged under the Prevention of Insults to National Honour Act, 1971. The summons were issued for December 22.

The two officers are Vivek Madhok and Narinder Pal Singh. The IO had said the case should be closed as the two, employed in the DC’s office, were negligent in handling the old national flags but they did not intend any disrespect to the flags. According to the complaint filed by advocate Jatan Singh, 36 old national flags were used for wrapping waste paper meant for disposal and some lawyers reportedly saw the bundles being loaded onto a tempo at Tis Hazari courts on January 20, 1992.

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The evidence collected by the IO reveals the bundles were wrapped in the old flags on the instructions of Madhok and Singh, the CMM observed.

However, the court discharged the DC, Additional District Magistrate and the Sub-Divisional Magistrate for want of sufficient evidence.

Showing disrespect to the national flag is an offence under Section 2 of Prevention of Insult to National Honour Act, 1971.

The tempo-owner and its driver had reportedly come to the court in connection with a traffic challan case. The truck was hired on the spot, during the course of the day for ferrying the articles meant for disposal.

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On enquiring, the lawyers were informed that the flags came from the DC’s office in the Tis Hazari building. One of the advocates telephoned the police and an Assistant Sub-Inspector (ASI) arrived on the spot.

The lawyers filed a report in the Subzi Mandi Police Station. The case was transferred to the CBI after a request from the lawyers. They asked for a complete investigation into the matter.

The CBI, after completing its inquiry, submitted the report on September 27 1993. It recommended the closure of the case saying the personnel concerned had not meant any disrespect.

The report was, however, criticised by the complainants who took exception to the investigation conducted by the CBI.

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