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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2920 of 1996

PETITIONER:

Union of India

RESPONDENT:

Naveen Jindal & Anr.

DATE OF JUDGMENT: 23/01/2004

BENCH:

CJI, Brijesh Kumar & S.B. Sinha

JUDGMENT:

J U D G M E N T

With

CIVIL APPEAL NO. 453 OF 2004

[ARISING OUT OF S.L.P. (C) NO.15849 OF 1994]

V.N. KHARE,C.J.I.

Leave granted in the S.L.P.

In these appeals a short but an important question that arises for

consideration is whether the right to fly the National Flag by Indian citizen is

a fundamental right within the meaning of Article 19(1)(a) of the

Constitution of India.

Naveen Jindal, the respondent herein, is a Joint Managing Director of

a public limited company incorporated under the Companies Act.He being in

charge of the factory of the said Company situated at Raigarh in Madhya

Pradesh was flying National Flag at the office premises of his factory. He

was not allowed to do so by the Government officials on the ground that the

same is impermissible under the Flag Code of India.

Questioning the said action, the respond