Kochi, Sep 28 The Kerala High Court has quashed an FIR and connected criminal proceedings against a Kozhikode resident for sharing on WhatsApp a picture of him holding the national flag upside down four years ago, saying that it was not done intentionally.
Justice A Badharudeen said that based on the prosecution materials, it was clear that the accused "never intended to display the Indian National Flag with the saffron colour down and it was a mistake from his side while displaying the same".
With the observation, the High Court quashed the FIR registered against the accused at the Kavaratti Police Station in the Union Territory of Lakshadweep and the connected proceedings going on in the magisterial court at Androth.
The accused had claimed that he had participated in the 'Har Ghar Tiranga' campaign to honour the Indian National Flag, and as part of the same, he took a photo along with his wife at his residence in Kozhikode and forwarded the same in a private WhatsApp group consisting of BJP members from Lakshadweep.
However, at the time of taking the photograph, the Indian National Flag was inadvertently depicted with the saffron colour facing downward, and the same was neither intentional nor deliberate, the accused had claimed.
The FIR was registered under the Prevention of Insults to National Honour Act, 1971 against him August 14, 2022 based on the complaint by other members of the WhatsApp group who claimed to be offended by the photo.
The plea was opposed by the counsel for the Lakshadweep Administration, contending that even though, the word 'intention' is not used in the FIR or in the final report, insult to the Indian National Flag has been specifically alleged against the accused and the intention necessary to attract the offence under the Act of 1971 was implied.
Disagreeing with the contention, the High Court said that the prosecution has no case that the accused intentionally displayed the Indian National Flag with the saffron colour down, though the allegation is that he had insulted it.
"In the instant case, it could be gathered that the accused displayed the photograph of the Indian National Flag as part of 'Har Ghar Tiranga' programme, which was intended to honour the Indian National Flag.
"... from the prosecution materials discussed, this Court is of the view that the accused never intended to display the Indian National Flag with the saffron colour down and it was a mistake from his side while displaying the same," it said.
"In such view of the matter, the allegation that the accused committed offence punishable under the Act of 1971 could not be found, prima facie, and, in such a case, the prosecution as against the petitioner (accused) on the said premise is liable to be quashed," the High Court added.
