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2001 Supreme(AP) 142

S.B.SINHA, S.R.NAYAK
A. Satya Phaneendra – Appellant
Versus
S. H. O,kodad – Respondent


S. B. SINHA, J.

( 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 o












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