ORDER :

The Flag Code of India opens with a declaration that the Indian National Flag represents the hopes and aspirations of the people of India, and it is a symbol of our national pride. The Respondent in this case, on coming to know about a function conducted at Coimbatore and the manner in which the Indian National Flag was portrayed in that function, felt that the participants have deliberately disrespected the National Flag, which resulted in a criminal complaint, and the consequent orders passed therein which is the subject matter of challenge in the present Criminal Original Petition.

2. The crux of the complaint was that, on 25.12.2013, at a public function celebrating the Christmas festival, a cake measuring 6 ft. length and 5 ft. breadth, the icing on which carried a tri-colour Indian map outline with the Ashoka Chakra in the centre, was cut, distributed and consumed by the Special Guests and about 2500 participants including 1000 children who attended the celebration. According to the complainant, the said function was attended by the District Collector of Coimbatore, The Deputy Commissioner of Police, and various other religious leaders and members representing a number