( 1 ) A letter written by one A. Satya Phaneendra, dated 15-12-2000 enclosing therewith a tri-coloured cloth resembling the National flag which is sold as handkerchief for a sum of Rs. 10. 00 everywhere in Kodad and other places in the district of Nalgonda has been treated to be a public interest litigation.

( 2 ) THE cloth which is sent along with the letter indeed resembles our National Flag and in one of the borders thereof the words "india" and in another "mera Bharat Mahan" have been inscribed. Misuse of National Flag is covered by two Parliamentary Acts viz. , the Prevention of Insults to National Honour Act, 1971 (Act No. 69 of 1971) (hereinafter referred to as national Honour Act ) and the Emblems and Names (Prevention of Improper Use) Act, 1950 (Act No. 12 of 1950) (hereinafter referred to as emblems Act ) apart from the Flag Code of India. Section 2 of the national Honour Act reads thus :"insult to Indian National Flag and Constitution of India :- Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

( 3 ) THREE explanations have been appended to Section 2 of the said Act and Explanation 2 which is relevant for the purpose of this case reads as under :"explanation 2 :- The expression indian National Flag includes any picture, painting, drawing or photograph or other visible representation of the India National Flag or of any part or parts thereof, made of any substance, or represented on any substance. "

( 4 ) IN the Emblems Act the word emblem has been defined in Section 2 (a) thereof to mean"any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule". Section 3 provides for prohibition of improper use of certain emblems and names in the following terms :"notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use or continue to use for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or such officer of Government as may be authorised in this behalf by the Central Government. "

( 5 ) SECTION 5 of the Emblems Act contains a penal provision which reads thus :"any person who contravenes the provisions of Section 3 shall be punishable with fine which may extend to five hundred rupees. "

( 6 ) KEEPING in view the fact that the aforementioned Act contains penal provisions there cannot be any doubt whatsoever that the same are mandatory in nature.

( 7 ) ITEM 3 of the Schedule refers to the Indian National Flag. The Flag Code of India contains various provisions as regards improper use, incorrect display and misuse. The relevant provisions of Paragraph 5 of Flag Code of India are as follows :"5. 1 :- The flag shall not be used as a drapery in any form whatever except in State Military funerals hereinafter provided. 5. 4 : When the Flag is in a damaged or soiled condition, it may not be cast aside or disrespectfully disposed of but shall be destroyed as a whole in private, preferably by burning or by any other method consistent with the dignity of the Flag. 5. 5. : The Flag shall not be used as a covering for a building. 5. 6 : The Flag shall not be used as a portion of a costume uniform of any description. It shall not be embroidered upon cushions or handkerchiefs or printed on napkins or boxes. 5. 9 : The Flag shall not be used as a receptacle for receiving, covering, hol