ORAL JUDGMENT:

1. Heard Mr. A.B. Moon, learned Counsel for the applicant, Mr. C.N. Adgokar, learned Additional Public Prosecutor for non-applicant No.1/State and Mr. S.A. Mohta, learned Counsel for non-applicant No.2.

2. Admit. Heard finally by consent of learned Counsel for the parties.

3. A very short question arises for determination in this petition:

'Whether noncompliance of Clause 2.1(xi) Flag Code necessarily amounts to an offence punishable under the Prevention of Insult to National Honours Act, 1971.'

The said Clause runs as under:

“where the Flag is displayed in open, it should, as far as possible, be flown from sunrise to sunset, irrespective of weather conditions;”

4. In the present case, the applicant was a Headmaster of the School where the flag was allegedly found hoisted till midnight on the flag post. It was set down by the complainant-Police Constable and complaint was made to the police station by the complainant. First Information Report was registered against the applicant and further investigation is going on. While setting down the flag, a Photographer was called and photographs were taken. Statements of the Photographer and other persons prese