'Desecration Of National Flag A Disgrace': Calcutta High Court Issues Notice To State In Plea Over Communal Violence On Independence Day

In taking serious exception to the incidents being alleged, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya directed the State to file affidavits in the matter, and orally remarked:

Forget about who has filed this PIL, but, isn’t it a disgrace that the desecration of the flag has happened? The flag code has been amended so that everyone who hoists it has to respect it according to the norms as laid down. It is not permissible to give every issue a political colour. It was a public occasion and many people would’ve seen the incident. Merely because you close your eyes it cannot become dark. State needs to make a proper statement. The problem is, when any cause is brought out, the focus appears to be on the person who has brought the cause and not the cause itself. If that is so, we will discharge the petitioner…the national anthem originated from here, it is a matter of pride. Alleged incident occurred in a govt school, where children come from humble backgrounds, imagine the effect this had on those children…these people need to be taught a lesson.

Advocates for the petitioner had claimed that large-scale communal violence in the form of stone-pelting and religious persecution had broken out in the Bansaberia area, and that “members of the majority community were being targeted and had been reduced to fourth class citizens.”

Advocate General for the State submitted that cognizance of the offences as alleged, had been taken, and that proceedings were initiated against 31 people for the same.

In taking note of the submissions and arguments, the Court directed the State to file a report in the form of an affidavit addressing the issues being raised by the petitioners and posted the matter for hearing on the 5^th of September.

It concluded, “If there is desecration of the national flag in a govt school on Independence Day, it is a grave issue. State has duty to ensure that no dishonor is caused to the national flag. Such incidents have to be deprecated and those responsible have to be severely dealt with. Let the appropriate State authorities file an affidavit on what transpired on that day.”

Case: Suvendu Adhikari v State of West Bengal & ors

Coram: Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya