Lawstreet Journal

Cutting Cake That Depicts National Flag is Not an Offence : Madras HC

Lawstreet Journal 26 Mar 2021 1:07am

Image courtesy: Lawstreet Journal Judiciary Cutting Cake That Depicts National Flag is Not an Offence : Madras HC

On Monday (March 22, 2021), Madras High Court ruled in a judgement that cutting a cake that depicts the National Flag cannot be considered an offence. 

The decision was given by Justice N Anand Venkatesh. He had allowed a criminal original petition from a Policeman from Coimbatore who claimed that cutting a cake with depiction of National Flag is an offence under Sec 2, Prevention of Insults to National Honour Act, 1971. 

He had explained the alleged incident by saying that a public function had been organised to celebrate Christmas on December 25, 2013 in Coimbatore. In the said function, a cake which was 6 feet tall carrying a tri-colour outline of the Indian Map along with Ashoka Chakra in the centre was cut. 

The function was attended by the DCP and the Coimbatore District Collector. The cake was distributed to them along with along with 2500 participants that included about 1000 children. 

A police complaint was then lodged by D Senthilkumar of the Hindu Public Party. He alleged that was disrespectful to the Indian Flag. Upon no action, he then moved to the local Magistrate Court that directed registration of an FIR against the people concerned for an offence under Sec 2 of the Prevention of Insults to National Honour Act, 1971 on February 17, 2017.

This was followed by the aggrieved local inspector moving to the High Court with the present petition. 

While allowing the petition, the judge went on to observe how the intention behind the act will be a true test and… Continue Reading...

Tagged: Madras High Court  
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