The petition coming on for preliminary hearing was heard at length.

2. It is contended that it is the misfortune of the petitioner that process is issued against him for the alleged commission of an offence under Section 3 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as 'the Act' for brevity).

3. The facts as are relevant for a consideration of this petition are as follows:

The petitioner is the founder and former Chief Executive Officer of a leading Software Services Company based in Bangalore, known as Infosys. It is said that Infosys has set up a "Corporate Education Centre" at Mysore. Upon learning that Dr. A.P.J. Kalam, the then President of India was scheduled to visit Mysore on April 8, 2007, the petitioner, had invited the President of India to visit the Infosys Campus at Mysore, by a letter dated April 6, 2007, which was accepted. For purposes of maintaining protocols, the Deputy Commissioner of Mysore had provided detailed directions to be followed for the President's visit. According to the petitioner the President of India had arrived at the Infosys Campus on April 8, 2007 at about 3.30 p.m. There was a rendition of the instrument