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Allahabad High Court Refuses Relief To 6 Muslim Men Accused Of Carrying Tiranga Containing Quranic Verses
Sparsh Upadhyay
16 Aug 2024 3:20 PM IST
The Allahabad High Court recently refused to quash the criminal proceedings initiated against 6 Muslim men who had allegedly carried a Tiranga in their hands in a religious procession, on which Quranic verses (Ayat and Kalma) were inscribed. In a prima facie observation, a bench of Justice Vinod Diwakar said that the applicants' act was punishable under the Flag Code of India, 2002,...
The Allahabad High Court recently refused to quash the criminal proceedings initiated against 6 Muslim men who had allegedly carried a Tiranga in their hands in a religious procession, on which Quranic verses (Ayat and Kalma) were inscribed.
In a prima facie observation, a bench of Justice Vinod Diwakar said that the applicants' act was punishable under the Flag Code of India, 2002, and there was a violation of Section 2 of Prevention of Insults of National Honour Act, 1971 by the applicants.
Stressing that the Tiranga, India's National Flag, symbolizes the unity and diversity of the nation, transcending religious ethic and cultural differences, the Court made the following remark:
“It is a unifying emblem representing the collective identity and sovereignty of India. Act of disrespect towards the Tiranga can have far-reaching social cultural implications, particularly in a diverse society like India.”
Importantly, the Court also added that such incidents could be exploited by those who sought to create communal discord or fuel misunderstandings between different communities. Hence, the Court emphasised that it was crucial to recognize that the actions of a few individuals should not be used to stigmatize an entire community.
The UP Police booked the accused (Gulamuddin and 5 Others) last year under Section 2 of the 1971 Act.
Seeking bail in the case, they moved the Court, wherein their counsel argued that the investigation did not suggest whether the flag mentioned in the FIR is a Tiranga or any other flag having three colours and that the police could not bring any evidence on record to suggest that there was any mischief caused to the national flag as specified in Sections 2 and 3 of the 1971 Act.
It was also argued that the police subsequently planted the national flag after the FIR was registered and that the applicants were falsely implicated in the instant case.
On the other hand, the AGA, appearing for the state, argued that the applicants' names were mentioned in the statements of Constable Khursheed Alam, Eshanullah, and Ramdas - police witnesses.
The AGA further stated that after the Tiranga was taken into possession, it was revealed that some Arabic text was written on it, which, when transcribed, was identified as containing Ayat and Kalma.
Against the backdrop of these submissions, the Court observed that the submissions raised by counsel for the applicants called for determination on questions of fact which could be adequately adjudicated upon only by the trial court.
The Court found that no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order to warrant any interference by the court in the exercise of powers u/s 482 CrPC.
Consequently, their petition was dismissed.
Appearances
Counsel for Applicant: Amarjeet Chakrawarti, Ganesh Shanker Srivastava
Counsel for Opposite Party: GA
Case title – Gulamuddin And 5 Others vs. State Of U.P. And Another 2024 LiveLaw (AB) 518
Case citation: 2024 LiveLaw (AB) 518
