Yesterday, 23rd January, was Subhash Chandra Bose B'day...so as 6th anniversary of Supreme court's order to give common man right to host national flag...what exactly this fight was for,how it came in Mr Navin Jindal's mind(a Congress MP from Haryana and an Industralist, an ace Polo player and a professional shooter), its interesting to know his version...he has his own blog and a foundation created after this case...He deserve KUDOS and a SALUTE from my side for this fight.I asked 'about it' to Naveenji, during lunch and a get together at his residence at 6, Prithviraj Road, where I went with Sudhirji(as his wife Shalu,a classical(kucchipudi) dancer is Rakhibandh sister of Sudhirji).....he replied in detail but,this is cut and paste from his blog www.navinjindal.com...his first person version and expressions of the journey of this fight. For this ACT he deserved to be called...'I AM THE BEST'.
The Fight to Free
Tiranga
What Tiranga Means
to Naveen
The Amended Flag Code
Do's and Dont's
Flag Foundation of India
Our National Flag is the greatest symbol of our country and we all must respect it, love it and above all fly it to spread the message of peace, harmony, brotherhood and prosperity.
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The Fight to Free Tiranga
Naveen's passion for the National flag, the tiranga, began during his student days at the University of Texas at Dallas, USA, where as President of the Student's Senate, he used to proudly display the Indian National Flag.
After coming back to India in 1992, Naveen continued to display his pride and honour in being a citizen of India by flying the Indian National Flag in a respectful manner at his factory premises in Raigarh in Chhattisgarh (erstwhile Madhya Pradesh). The then Commissioner of Bilaspur objected to it on the ground that as per the Flag Code of India, a private citizen was not permitted to fly the Indian flag except on certain days.
Naveen sought legal advice from eminent lawyers including Mr Shanti Bhushan. The advice he received was that there existed two clear laws on the subject. Firstly, the flag could not be insulted or disrespected and secondly, it could not be used for commercial purposes. But there is no law which can prohibits respectful flying of the National Flag by the citizens.
Naveen filed a Writ Petition under Article 226 of the Constitution of India before the Delhi High Court, against the action of the Government officials preventing him from flying the National Flag. The petition was filed on the grounds that there was no law prohibiting the flying of the National Flag by private individuals, the restrain being put only by the Flag Code. This Flag Code contained executive instructions of the Government of India and was not issued under any law. The prohibition imposed by virtue of the Flag Code is an infringement of the fundamental right guaranteed under Article 19(1)(a) of the Constitution that gives all citizens, the right to freedom of speech and expression.
The view of Union of India to this was that the Central Government is authorized to impose restrictions on the use of National Flag at any public place or building and can regulate the same by the authority vested in it under Section 3 of the Emblem and Names (Prevention of Improper Use) Act, 1950. The Union of India also viewed that the restriction imposed by the Act and orders issued by the Government are constitutionally valid being reasonable restrictions on the Freedom of Speech and Expression under Article 19(2) of the Constitution.
The Division Bench of the Delhi High Court on 22nd September, 1995 allowed the writ petition filed by Naveen Jindal holding that "Any restriction contained in the Flag Code - India relating to the flying of national flag by the citizens cannot be enforced except when contravention of those restriction come within the purview of any law in force." A mandamus was issued to the Respondents (Union of India & others) restraining them from interfering with the right of the Petitioner to fly the national flag on his premises.”
The view of Union of India to this was that the Central Government is authorized to impose restrictions on the use of National Flag at any public place or building and can regulate the same by the authority vested in it under Section 3 of the Emblem and Names (Prevention of Improper Use) Act, 1950. The Union of India also viewed that the restriction imposed by the Act and orders issued by the Government are constitutionally valid being reasonable restrictions on the Freedom of Speech and Expression under Article 19(2) of the Constitution.
The Division Bench of the Delhi High Court on 22nd September, 1995 allowed the writ petition filed by Naveen Jindal holding that "Any restriction contained in the Flag Code - India relating to the flying of national flag by the citizens cannot be enforced except when contravention of those restriction come within the purview of any law in force." A mandamus was issued to the Respondents (Union of India & others) restraining them from interfering with the right of the Petitioner to fly the national flag on his premises.
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The Fight to Free Tiranga
The Union of India sometime in January, 1996 filed a Special Leave Petition before the Supreme Court challenging the judgment dated 22nd September, 1995 passed by the Delhi High Court. On 7th February, 1996 the Hon'ble Supreme Court was pleased to grant leave and stay the operation of the impugned judgment. The flag continued to fly as Naveen's lawyer said "it would not be contempt of court since the judgement had only been stayed".
The matter then came up for hearing before the Hon'ble Mr. Justice V.N. Khare and the Hon'ble Mr. Justice S.N. Variava of the Hon'ble Supreme Court of India. The Hon'ble judges observed that prima facie they see no reason why the citizens cannot express patriotism by displaying the national flag. They also observed that restrictions on flying of national flag only on certain days by private citizens seemed unsustainable.
Subsequently an Inter-Ministerial Committee was constituted by the Union of India on 18th October, 2000, headed by Mr. P.D. Shenoy, Additional Secretary in Ministry of Home Affairs. The committee was to consider whether the citizens should be allowed to freely fly the national flag as an expression of their feelings of patriotism.
Several meetings were held by the Committee where view-points were presented by Naveen also. Dr. P. D. Shenoy submitted the Committee's report to the Government on 12.04.2001.
From November, 2000 to May, 2001 the Government repeatedly sought adjournments before the Supreme Court. Taking a strong view of such delaying tactics, the Hon'ble Supreme Court on 2nd May, 2001 permitted Naveen Jindal to fly the National Flag with respect, dignity and honour.
Union Cabinet accepted Dr. P. D. Shenoy committee report on 15.01.2002 and announced that citizens will be free to fly the National Flag respectfully on all days from 26.01.2002. The Government subsequently issued a new flag code (Flag Code of India 2002) which contained guidelines for flying the National Flag.
The Hon'ble Supreme Court on 23rd January, 2004 dismissed the Civil Appeal No.2920 of 1996 arising out of SLP No. 1888 of 1996 filed by Union of India against the judgment and order dated 22nd September, 1995 of Delhi High Court and held that:
Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiments of pride for the nation ;
The fundamental right to fly National Flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of Article 19 of the Constitution of India;
The Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to national honour Act, 1971 regulate the use of the National Flag;
Flag Code although is not a law within the meaning of Article 13(3)(a) of the Constitution of India for the purpose of clause (2) of Article 19 thereof, it would not restrictively regulate the free exercise of the right of flying the national flag. However, the Flag Code to the extent it provides for preserving respect and dignity of the National Flag, the same deserves to be followed.
Thus, the 7-year old legal battle was over and the Indian flag was finally free. The citizens got the freedom to express their nationalist emotions by displaying the Indian tricolor. This was victory of all Indians and independent India. Every Indian can now fly the flag with due respect as a result of Naveen Jindal's persistent and untiring efforts. Liberty has at last been bestowed on "We the People".
My Good wishes to him.
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me Courts judgement on common man right
Today(24/1/10)...I saw a glimpse of a programme of citizen journalist in IBN7,...can't see that unsung hero's name, an old and ordinary poor man, from
JHARKHAAND,who's passion is to create awareness about Tiranga flag...as in naxalgrast area of that state has bann order from naxalites on Tiranga....only their Red flag is allowed....so clippings shows how single handedly he tells people about Tiranga,its importance....as it is a Desh ka Jhanda against that Red Jhanda....taking risk on his life etc.
My SALUTE to him and his efforts also, I wish Mr.Navin Jindal's Tiranga Foundation should help this man's mission in spreading Tiranga's importance and National pride attached to it......in that backward Naxalgrast area....and where ever he is working alone. Good wishes to him.
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