2012 (1) TMI 273 - SC - Indian Laws

Whether on a particular event a particular person has shown any kind of disrespect to the National Flag?

Summary

Issues:
Violation of Flag Code 2002 by public figures, misuse of National Flag for commercial and political gains, request for recovery of monetary sums, seeking amendment of Flag Code through court direction.

Analysis:
1. The petitioner alleged that certain public figures, including Yog Guru Baba Ramdev and Shri Anna Hazare, violated the Flag Code 2002 by insulting the National Flag for personal gains. The petitioner sought recovery of monetary amounts and amendment of the Flag Code. The petitioner had also filed criminal complaints against the respondents. The Court referred to the interpretation of the Flag Code in Union of India v. Naveen Jindal & Anr., AIR 2004 SC 1559, emphasizing the fundamental right to fly the National Flag and the guidelines for its respectful display.

2. The Court highlighted that disrespect towards the National Flag could lead to legal action under relevant statutory provisions. However, determining such disrespect on specific occasions involved factual inquiries best addressed through complaints to authorities. Pursuing remedies simultaneously through writ petitions, as in this case, was not permissible under Article 32 of the Indian Constitution. The Court cannot adjudicate factual controversies in such petitions.

3. The petitioner requested the Court to direct the Central Government to amend the Flag Code or issue appropriate directions. The Court noted that it cannot legislate or direct the Executive to exercise its law-making power, citing precedents like Mullikarjuna Rao v. State of Andhra Pradesh and V.K. Sood v. Secretary, Civil Aviation. The separation of powers doctrine restricts the Court from encroaching on the legislative domain.

4. The Court reiterated that judicial activism has limits, and the Court's role is to interpret the law, not to legislate. Several judgments, including Asif Hameed v. State of Jammu & Kashmir and Union of India v. Deoki Nandan Aggarwal, emphasized that the Court cannot expand the scope of legislation or issue directions for legislative amendments. The Court's function is to expound the law, not to create it.

5. Considering the limited role of the Court in legislative matters, the petition lacked merit, and the facts did not warrant any interference. The Court concluded that in such circumstances, no relief could be granted to the petitioner, leading to the dismissal of the writ petition.

In summary, the Supreme Court dismissed the writ petition concerning violations of the Flag Code 2002 by public figures for commercial and political gains. The Court emphasized the limitations of judicial activism in legislative matters, citing various precedents, and concluded that the petition lacked merit due to the factual nature of the allegations.