In 21.3.1997 to 5.4.1997 number of India Today, advertisement for Amul Butter Megabytes was published. It had in bold letters the caption· "India Gates, a caricature of Bill gates was shown presenting laptop to Shri Devegowda, the then Prime Minister, who with a child had in their hands Amul Products with a flower garland to offer. Behind Shri Devegowda, some girl child was shown holding two flags. As per respondent No.1 these flags represented Indian National Flag and flag of USA. Respondent No. 1 preferred criminal complaint under S. 2 of the Prevention of lnsults to National Honour Act, 1971 ('Act' for short). The Judicial Magistrate by impugned order dated 17.2.1997 took cognizance of the matter under S. 2 the Act and issued summons to the petitioner which were sent by registered post. Lateron he insisted on personal presence of the petitioner in Court.

As per complainant Indian National Flag could not be used for the purpose of business or commerce for financial gain, advertisement. Complainant had felt dishonour and. insult of Indian National flag. Thus, this complaint was filed as a vigilant citizen of India. Complainant is a young advocate.

Grievance of the