5 hrs ago
Kerala High Court Quashes Case Over Accidental Saffron-Down Flag
Mohammed Kasim took a photograph with the Indian flag during a programme celebrating the flag.
In the photograph, the saffron part appeared at the bottom instead of the top.
Police treated this as a possible insult and opened a criminal case in 2022.
Kasim said the flag had been positioned incorrectly by accident.
The Kerala High Court examined the police records and witness statements.
The court said the law requires an intention to insult the flag or the Constitution.
Because there was no evidence that Kasim meant to insult the flag, the court cancelled the case.
The court also said that an intentionally upside-down flag display could still be punishable.
The Kerala High Court quashed criminal proceedings against Mohammed Kasim H K over a photograph showing the Indian flag upside down.
Kavaratti Police registered a suo motu FIR on August 14, 2022, after the photograph circulated through a WhatsApp group.
The prosecution alleged an offence under the Prevention of Insults to National Honour Act, 1971.
The court said intentional display of the saffron band downward can constitute an offence, but accidental conduct without intent to insult cannot.
Justice A Badharudeen found that Kasim had intended to honour the flag during the Har Ghar Tiranga programme and had made a mistake.
- Who
- Mohammed Kasim H K, Kavaratti Police, the Lakshadweep administration, and the Kerala High Court, represented by Justice A Badharudeen.
- What
- The Kerala High Court quashed criminal proceedings against Kasim over an allegedly disrespectful display of the Indian National Flag.
- Where
- The FIR was registered by Kavaratti Police in Lakshadweep, and the photograph was taken at Kasim’s residence in Kozhikode.
- When
- The FIR was registered on August 14, 2022; the High Court issued its ruling on September 26.
- Why
- The court found no prima facie evidence that Kasim intentionally displayed the flag with the saffron band downward to insult the flag or Constitution.
Kasim’s Position
Prosecution and Administration’s Position
Whether the display was criminal
Kasim’s Position
Kasim argued that the saffron band appeared at the bottom accidentally while he and his wife took a photograph to honour the flag during the Har Ghar Tiranga programme.
Prosecution and Administration’s Position
The Lakshadweep administration argued that the alleged display could fall under the national honour law and that the required intention could be inferred from the allegation of insult.
Whether the WhatsApp group was covered
Kasim’s Position
Kasim argued that the private WhatsApp group was neither a public place nor a place within public view.
Prosecution and Administration’s Position
The administration argued that the group’s private nature did not remove the alleged act from the law’s scope.
Requirement of intent
Kasim’s Position
Kasim’s case was that there was no deliberate insult or intention to display the flag incorrectly.
Prosecution and Administration’s Position
The court held that an intentional display with the saffron band downward could be punishable, but found that the prosecution materials did not establish such intent in this case.
Key facts
- Accused
- Mohammed Kasim H K, a 54-year-old Lakshadweep man
- FIR date
- August 14, 2022
- Police station
- Kavaratti Police, Lakshadweep
- Law invoked
- Prevention of Insults to National Honour Act, 1971
- Court
- Kerala High Court
- Judge
- Justice A Badharudeen
- Outcome
- The FIR-related proceedings and the case pending before the Judicial First Class Magistrate Court at Androth were quashed
Quotes
Justice A Badharudeen
Kerala High Court judge who heard and decided Kasim’s petition
“Intentionally displaying the Indian National Flag with the saffron colour down with a view to insult the Indian National Flag and the Constitution of India is an offence punishable under Section 2 of the Act, 1971.”
indianexpress.com
“Non-intentional, accidental or mistaken acts of doing the same, without any intention or mens rea to insult the Indian National Flag and the Constitution of India, would not attract the offence.”
indianexpress.com
Sources
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