Justice Dharam Chand Chaudhary, J. (Oral):

The complaint herein is that in the office of respondent No.3 the National Flag is not being hoisted in accordance with the provisions contained under the Flag Code of India. The issue so brought to this Court by filing the present writ petition is of vital significance and needs adjudication in the light of the provisions contained under the Flag Code of India, 2002 and also the Prevention of Insults to National Honour Act, 1971 and also the law laid down by the Apex Court.

2. The Apex Court while answering a question in Union of India Versus Naveen Jindal and Another (2004) 2 SCC 510 that the right to fly the National Flag by an Indian citizen is a fundamental right within the meaning of Article 19(1)(a) of the Constitution of India, has adjudged the honour and glory of the Indian National Flag in the following words:-

”7. Before we proceed further it may be remembered that from time immemorial, people have laid down their lives with a view to salute their own flag. What is so compelling in the piece of cloth called the National Flag, that people make even the supreme sacrifice for its sake? National Flag indisputably stands for