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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
Adeen Nazar S/o S.U. Nazar – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. arguments against the legality of prosecution. (Para 3 , 4 , 5 , 6) |
| 2. court's observations on morality vs. legality. (Para 7 , 9) |
| 3. definition and elements of mischief under ipc. (Para 10 , 11) |
ORDER :
1. The Constitution of India, while guaranteeing fundamental rights, also expects its citizens to abide by their fundamental duties. One such fundamental duty, enumerated in Article 51A, is to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. Although not specifically mentioned in Article 51A, it is also the duty of every Indian citizen to respect the freedom fighters who were instrumental in liberating our country from foreign rule. Our transition from ‘native Indian subjects’ to ‘proud Indian citizens’ wouldn’t have been possible, but for the untiring and selfless crusade led by Mahatma Gandhi and other national leaders. To borrow the words of Will Durant the American Historian on Mahatma Gandhi, “not since Buddha has India so revered any man. Not since St. Francis of Assissi has any life known to history been so marked by gentleness, disinterestedness, simplicity of soul and forgiveness of enemies.” The p
The court determined that immoral acts do not necessarily constitute illegal acts under criminal law, emphasizing the principle of legality.
Mere inaction in not lowering the National Flag does not constitute an offense under the Act without mens rea.
The court found that peaceful protests are constitutionally protected and that charges of unlawful assembly and disobedience were unsustainable due to lack of evidence for assault or criminal force.
The failure to lower the National Flag after sunset does not violate Section 2 of the Prevention of Insults to National Honour Act if there is no intent to dishonour the flag.
Prosecution for trivial acts, such as waving a black flag, does not constitute an offence under IPC sections when no substantial harm or defamation is established.
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