Ensure flags, emblems are not misused, HC tells TN DGP
Chennai: The Madras High Court on Wednesday directed the Tamil Nadu Director General of Police to take steps to ensure that (national) flags, emblems, names, symbols and stickers are not misused by persons unfit to use them.
The DGP shall issue advertisements through visual and print media providing an opportunity to all concerned to remove all kinds of unauthorised usage of flags, emblems, names, symbols and stickers and seals within one month.
He shall register cases under the provisions of the Emblem and Names (Prevention of Improper Use) Act,1950 against the violators, Justice S M Subramaniam said.
The State government authorities, Greater Chennai Police Commissioner and the DGP shall also sensitise the competent authorities/police officials to the purpose of securing information regarding misuse of the flags, emblems and stickers, and in the event of any violation on the part of the law enforcing officials strict actions shall be taken against them for dereliction of duty, the judge said.
The judge also directed the DGP to issue appropriate circular/instructions for implementation of the Act and Rules to all the subordinates/police officials, within two weeks from the date of uploading of this order copy in the official website of the High Court.
The judge issued the directives while disposing of a writ petition filed by city-based financier Mukanchand Bothra in 2014.
Alleging that R Anbarasu, former Congress MP, was misusing the Indian National Emblem as per the provisions of the 1950 Act, Bothra sought action against him. Anbarasu had used the Indian National Emblem for his personal gain to lodge a complaint against him, Bothra had further alleged in his complaint lodged with the City Police Commissioner in May, 2006.
Based on Anbarasu's complaint, Bothra was arrested and he came out on bail after 21 days of incarceration. During the pendency of the petition, both Anbarasu and Bothra had died. However, the latter's son Gagan Bothra pursued the case.
Disposing of the same, the judge pointed out that though the petitioner is able to establish that the National Emblem had been misused by the ex-MP, for the purpose of registering a complaint against the original writ petitioner, no relief needs to be considered as the original petitioner had died.
