Chief Judicial Magistrate of Jaunpur local court Narendra Bahadur Prasad,this Saturday directed the the Line Bazaar police to register a case against social activist Anna Hazare, for allegedly showing disrespect to the National Flag during his visit on July 29 at this place.
A local lawyer Himanshu Srivastava has alleged in his complaint, that Anna Hazare , who had come to a college here to address a meeting during his 'Jantatra Yatra' on a vehicle, on which a full size national tricolour was pasted, and as the meeting went on till 8 PM in the evening that is after the sunset, which amounted to showing disrespect to the flag, because the rules for the national tricolour states that the national should be hoisted from sunrise to sunset and not beyond that.
More surprising a full delegation of local lawyers had also met the Superintendent of Police, stressing that though they were supporters of Hazare's anti-corruption campaign and had therefore gone to the meeting, but were hurt by the disrespect of the National Flag at the meeting for the delay and demanded lodging a case, and the court's direction came on a petition filed by one of these local lawyers.
Prima facie one cannot exactly say what is lucas standi of such allegation, as what is correct meaning of hoisting of the flag ? Does it mean to unfurl the flag on certain event,and to show respect to the flag clubbed with the occasion only; or it also mean and include any other use of the tricolour like in posters, wall hoardings, pasted on certain fixed places (as in this case on the body of a vehicle ), pasted on the background on certain wall or platform at any event or meeting, thus there are various occasion when the style and design of the flag is frequently used.
I personally doubt that the guiding rules prohibit the use of the flag in such other types, as the essence of the rule, saying that the tricolour shall be hoisted from sunrise to sunset, means that when you inaugurate any event or function by hoisting or unfruling the flag, that act shall conclude by sunset. Even more the true essence, this also I personnally presume, lies in the thought that the flag, when shown special respect by specially hoisting on the occasion, it must not be left unattended behind after the end of the event and that means the event must end after proper placement of the flag, and at best not late then sunset. But if the function is a continuous event where different set of persons are taking part for a longer time, the use of term "sunset clause" is more of a relative term, basically indicating the end of the function, not a dot timing in minutes and seconds,yes a pointer question mark for more deliberation and introspection by the legal and judicious luminaries.
Here two things are clear, should a pasted tricolour on a vehicle or platform amounts to show of respect to the tricolour as meant in hoisting ?
Second point does an honest and patriotic person like Anna Hazare should be shown such qualified respect by the group of person like the lawyers who are the custodian of Law and the ideology of Sataymev Jayte, an crusader against corruption Anna is loved and respected by the whole of India ?
The accusation smells foul as those lawyers attending the function were Anna's supporters, as such if they were really hurt by the reason , they could have explained the mistake to the managers of the function and asked them to rectify then and there, instead of filing a complaint much later, it creates doubt about their intentions and their support for Mr. Anna Hazare.
More surprising a full delegation of local lawyers had also met the Superintendent of Police, stressing that though they were supporters of Hazare's anti-corruption campaign and had therefore gone to the meeting, but were hurt by the disrespect of the National Flag at the meeting for the delay and demanded lodging a case, and the court's direction came on a petition filed by one of these local lawyers.
Prima facie one cannot exactly say what is lucas standi of such allegation, as what is correct meaning of hoisting of the flag ? Does it mean to unfurl the flag on certain event,and to show respect to the flag clubbed with the occasion only; or it also mean and include any other use of the tricolour like in posters, wall hoardings, pasted on certain fixed places (as in this case on the body of a vehicle ), pasted on the background on certain wall or platform at any event or meeting, thus there are various occasion when the style and design of the flag is frequently used.
I personally doubt that the guiding rules prohibit the use of the flag in such other types, as the essence of the rule, saying that the tricolour shall be hoisted from sunrise to sunset, means that when you inaugurate any event or function by hoisting or unfruling the flag, that act shall conclude by sunset. Even more the true essence, this also I personnally presume, lies in the thought that the flag, when shown special respect by specially hoisting on the occasion, it must not be left unattended behind after the end of the event and that means the event must end after proper placement of the flag, and at best not late then sunset. But if the function is a continuous event where different set of persons are taking part for a longer time, the use of term "sunset clause" is more of a relative term, basically indicating the end of the function, not a dot timing in minutes and seconds,yes a pointer question mark for more deliberation and introspection by the legal and judicious luminaries.
Here two things are clear, should a pasted tricolour on a vehicle or platform amounts to show of respect to the tricolour as meant in hoisting ?
Second point does an honest and patriotic person like Anna Hazare should be shown such qualified respect by the group of person like the lawyers who are the custodian of Law and the ideology of Sataymev Jayte, an crusader against corruption Anna is loved and respected by the whole of India ?
The accusation smells foul as those lawyers attending the function were Anna's supporters, as such if they were really hurt by the reason , they could have explained the mistake to the managers of the function and asked them to rectify then and there, instead of filing a complaint much later, it creates doubt about their intentions and their support for Mr. Anna Hazare.