Madras HC: No rally carrying Tricolour should be prohibited on I-Day

Chennai, Aug 14 : The Madras High Court has directed the Tamil Nadu DGP not to prohibit any rally -- by foot, bicycles, motorcycles, or cars -- carrying the national flag on Independence Day provided it is done with due respect and dignity.

Justice G. Jayachandran passed the direction on Wednesday on a writ petition filed by A. Krishna Prasath, a BJP office-bearer, against the rejection of permission for a motorcycle rally by the Coimbatore City Police.

The court said that any individual or group is entitled to take out a rally carrying the Tricolour to exhibit patriotic fervour after informing the concerned police officials.

The Judge also said that the participants should ensure that there is no public disturbance.

R.C. Paul Kanagaraj, the counsel for the petitioner, claimed in the court that the police in other districts of the state denied permission for similar rallies even by foot or bicycles, violating the fundamental right of the citizens to carry the Tricolour.

Taking serious note of the matter, Justice Jayachandran said, “Tamil Nadu is known for its renowned freedom fighter ‘Tiruppur’ Kumaran also known as ‘Kodi Katha’ Kumaran, who sacrificed his life to protect the Tricolour’s honour during the British rule.”

“Unfortunately, 77 years after Independence, a petitioner has approached the court against the denial of permission by the police for taking out a motorcycle rally carrying the national flag,” he added.

The Judge also discarded the reasons cited by the police for denying permission to such rallies.

During the arguments, additional advocate general J. Ravindran said the Flag Code of India, 2002, clearly states that the Tricolour should not be flown on any vehicle except those carrying dignitaries such as the President, Vice-President, Prime Minister, Governors, and so on.

He also said that there were no political reasons for rejection of permission by the police and that permission sought for a similar rally by the Congress was also denied.

The advocate added that some people might end up disrespecting the Tricolour in such rallies.

The petitioner’s counsel told the court that only the pillion riders on motorcycles would carry the national flag during the rally, adding that it would not be mounted on the vehicles.

He also assured that the Tricolour would be handled with utmost dignity.