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2012 DIGILAW 243 (MAD)

N. John Selvaraj v. Anna Hazare

2012-01-12

VINOD K.SHARMA

body2012
Judgment :- 1. Petitioner has approached this court with a prayer for issuance of writ in the nature of mandamus, directing the 2nd respondent to take stringent action against the 1st respondent herein for misusing and abusing the National Flag and pass such order or any other order as this Honble court deems fit. 2. Petitioner is a practising advocate at Chennai, since 1981 and is also a social worker. The case of the petitioner is that it is his duty to protect and honour the National Flag and the National Emblem etc., This is not the duty of the petitioner due but the duty of every citizen of the country to honour the National Flag and National Emblem. 3. The case of the petitioner is that the 1st respondent is misusing the National Flag but in the court no specific allegations has been made to constitute a criminal offence; or direct any action. 4. In any case the remedy with the petitioner is to make out a specific case by approaching competent court having jurisdiction for taking action against guilty person by making out a specific case; showing insult to National Flag or National Emblem, for taking action against person guilty. 5. A petition can be filed against the person guilty of offences in the competent court having the jurisdiction. 6. No general direction as prayed for in this petition can be issued as even in the absence of such direction by the court, every citizen is required to honour the National Flag and National Emblem and any body guilty of offence is to be dealt with in accordance with Law. 7. No merits. Dismissed. No costs. Connected miscellaneous petition is closed.