In a major victory for citizens' rights, the Madras High Court directed the Tamil Nadu police not to prohibit any rally carrying the national flag on Independence Day, including those by foot, bicycles, motorcycles, or cars. The court emphasized that individuals and groups have the right to display their patriotic fervour by rallying with the tricolour, as long as they inform the jurisdictional police beforehand and maintain public peace. This ruling comes after a petition was filed against the police's rejection of permission for a motorcycle rally, highlighting the fundamental right to carry the national flag. The judge also reminded of Tamil Nadu's history of upholding the Tricolour's honour through freedom fighter 'Kodi Katha' Kumaran.
Madras High Court Upholds Citizens' Right to Display National Flag on Independence Day
Background
In a landmark ruling, the Madras High Court has directed the Tamil Nadu police to permit rallies carrying the national flag on Independence Day, regardless of the mode of transportation used. This decision was made in response to a petition challenging the police's rejection of permission for a motorcycle rally.
The petition highlighted the fundamental right of citizens to express their patriotism by displaying the national flag, as enshrined in Article 19(1)(a) of the Indian Constitution. The court recognized this right and emphasized that it could only be restricted on reasonable grounds related to public order or national security.
The Ruling
The Madras High Court held that the police cannot arbitrarily prohibit rallies carrying the national flag, provided that certain conditions are met:
The court also noted that Tamil Nadu has a rich history of upholding the honor of the tricolour. Freedom fighter 'Kodi Katha' Kumaran is renowned for his heroic defense of the national flag during the Indian independence movement.
Impact of the Ruling
The Madras High Court's ruling is a significant victory for citizens' rights. It ensures that individuals and groups can freely express their patriotism and celebrate Independence Day without undue restrictions. The decision also serves as a reminder of the fundamental importance of the national flag as a symbol of national unity and pride.
Top 5 FAQs and Answers
1. Can I carry the national flag without participating in a rally? Yes, individuals can carry the national flag on Independence Day without participating in a rally, as long as they do so with respect and dignity.
2. Do I need permission from the police to carry the national flag? No, you do not need permission from the police to carry the national flag as an individual. However, if you are planning a rally with the national flag, you must inform the jurisdictional police in advance.
3. What are the restrictions on displaying the national flag? The national flag cannot be used for advertising or commercial purposes, and it cannot be flown upside down or in a disrespectful manner.
4. Can the police stop me from carrying the national flag if they believe it will disrupt public order? Yes, the police can restrict the display of the national flag if they have reasonable grounds to believe that it will disrupt public order or national security.
5. What is the significance of 'Kodi Katha' Kumaran? 'Kodi Katha' Kumaran was a freedom fighter who was killed while defending the national flag from British police during the Indian independence movement. His heroic act is remembered as a symbol of the importance of the national flag and the sacrifices made for its honor.
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