Allahabad High Court
Moti Lal Yadav vs Union Of India Thru. Its Secy. Ministry ... on 25 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:16966-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 274 of 2025 Petitioner :- Moti Lal Yadav Respondent :- Union Of India Thru. Its Secy. Ministry Of Home New Delhi And 4 Others Counsel for Petitioner :- In Person Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Attau Rahman Masoodi,J.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri Moti Lal Yadav, petitioner appearing in person, Sri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel for opposite party Nos.1 and 2, learned Standing Counsel for State-opposite party Nos.3, 4.
2. By means of instant Public Interest Litigation (PIL), the petitioner has prayed as under :-
"I. Issue a writ, order or direction in the nature of mandamus directing the opposite parties/ competent respondents to ensure the implementation and enforcement of flag code of India 2002, Emblems and Names (prevention of improper use) act 1950 and the Prevention of insult to national honor act 1971 in more effective manner.
II. Issue a writ order or direction in the nature of mandamus directing the opposite party no.2 and 3 to undertake mass awareness programs of the flag code of India 2002 and acts by giving it wide publicity through advertisements in the electronic and print media.
III. Issue a writ order or direction in the nature of mandamus directing the opposite parties/competent respondents to seize the company of the opposite party no.5 and cancel the license and take action against him as provisions of section 2 of the prevention of insult national honor act, 1971."
3. For the prayer made herein this PIL, it cannot be said that the State is not carrying out the exercise for mass awareness as regards the sanctity of National Flag as per the relevant law applicable in this behalf. All the Chief Secretaries/ Administrators of all the State Governments/ Union Territories Administrations vide letter dated 18.07.2023 have duly been instructed to do the needful. We hope and trust that adequate programmes of awareness may be launched and accomplished by the State to achieve such an object.
4. Insofar as the relief as against opposite party No.5 is concerned, we do not gather any violation of the code of national flag, prima facie, as there is no disrespect of the national flag to any extent by opposite party No.5 while labeling the incense sticks (agarbattis) named Tiranga. The writ petition to that extent cannot be entertained, however, the direction for awareness programmes as issued hereinabove shall be carried out in its true spirit.
5. In view of the above, the instant PIL is disposed of accordingly.
(Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.) Order Date :- 25.3.2025 Shubhankar