Court Sets Aside Police Denial, Emphasizes Duty to Respect and Facilitate National Flag Processions
In a landmark judgment, the Madras High Court has reinforced the fundamental rights of citizens to conduct processions carrying the National Flag, setting aside the police's denial of permission for a Flag Yatra in Coimbatore. The petitioner, J. Ramesh Kumar, a district president of the Bharatiya Janata Party, had sought to conduct a Tricolor Flag Yatra as part of Independence Day celebrations. The police had denied permission citing potential law and order issues, suggesting an alternative route instead.
Justice V. Lakshminarayanan, presiding over the case, emphasized that the right to hoist and carry the National Flag is both a fundamental right and duty, protected under Articles 19(1)(a) and 19(1)(b) of the Constitution. The court strongly criticized the arbitrary nature of the police's decision, stating that such actions violate the fundamental rights guaranteed under Article 14 of the Constitution.
The court further noted that the police should facilitate and support such nationalistic events rather than create obstacles, underscoring their duty to uphold the honor of the National Flag. The judgment also clarified that the Standard Operating Procedure (SOP) for public gatherings, cited by the police, applies only when the expected number of participants exceeds 5000, rendering its application in this case invalid.
Ultimately, the parties agreed upon an alternative route for the rally, which will now proceed on August 18, 2026, from 4 PM to 7 PM. The court expressed hope that in the future, citizens would not have to approach the courts to exercise their rights to honor the National Flag.
Bottom Line :
Permission for conducting a National Flag Yatra cannot be arbitrarily denied by the police. Denial of such permission on the grounds of law and order is a violation of the fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.
Statutory provision(s): Article 19(1)(a), Article 19(1)(b), Article 14, Article 51A(a), Government Order (G.O.Ms.No.5, Home (Police-VIII) Department, Government of Tamil Nadu)
J. Ramesh Kumar v. State of Tamil Nadu, (Madras) : Law Finder Doc id # 2961962
