Allahabad High Court refuses to quash case against Muslim men accused of carrying Tiranga with Arabic verses

The Allahabad High Court recently refused to quash the proceedings in a criminal case against six Muslim men who had allegedly carried a Tiranga inscribed with Arabic verses in a religious procession [Gulamuddin And 5 Others vs State of UP and Another]..Justice Vinod Diwakar said the act prima facie amounted to insulting the national flag and agreed with the prosecution that there was violation of Section 2 of Prevention of Insults of National Honour Act.The Court also observed that India’s national flag symbolises the unity and diversity of the nation, transcending religious ethnic and cultural differences.“It is a unifying emblem representing the collective identity and sovereignty of India. Act of disrespect towards the Tiranga can have far-reaching social cultural implications, particularly in a diverse society like India. Such incidents can be exploited by the elements seeking to create communal discord or fuel misunderstandings between different communities. It is crucial to recognize that the actions of a few individuals should not be used to stigmatize an entire community,” said the Court..The accused had been booked last year by the Jalaun Police. Seeking quashing of the proceedings, it was argued that the investigation did not suggest whether the flag was a Tiranga or any other flag with three colours.It was also contended that the police had not brought any evidence on record to suggest that any mischief was caused to the national flag. Further, it was alleged that the entire case was based on engineered facts and that the witness statements had been extracted under coercion and duress by the police.However, the State relied on the witness statements to argue that it had been found that certain Islamic verses in Arabic were found written on the Tiranga. .The Court said the contentions raised by the accused call for determination on questions of fact which may be adequately adjudicated upon only by the trial court.“Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge,” the Court said as it dismissed the plea seeking quashing of case..Advocates Amarjeet Chakrawarti and Ganesh Shanker Srivastava represented the petitioners.[Read Judgment]