MADRAS HC DIRECTS POLICE TO REGISTER CASES AGAINST OFFICIALS MISUSING THE NATIONAL EMBLEM

The Madras High Court directed the Police to register cases against former ministers, legislators and judges found to be misusing the national and State emblems. Justice SM Subramaniam held that no one should use official emblems for personal reasons unless permitted by the government.

The petitioner, who died during the pendency of the case, contended that former congress Member of Parliament R Anbarasu was misusing the Indian National Emblem for his personal use. He submitted that Anbarasu filed a false complaint - over a loan repayment dispute - against the father of the petitioner to the Commissioner of Police on his letter pad, which had the Indian National Emblem. Based on the said complaint to the Police, the original petitioner (father of the petitioner)was arrested. He was taken into custody for 21 days and later released on bail.

On the date of filing of the complaint before the commissioner of the Police, Anbarasu was not an MP and therefore had no right to use the emblem. No action to date has been taken against Anbarasu.

The Court noted that the purpose of the Emblems and Names (Prevention of Improper Use) Act, 1950, would become pointless if such acts continue. The Court also noted that sec 7 of the Act punishes with imprisonment for a term which may extend to two years whoever misuses the emblem. However, authorities were not registering any case against violators using this provision. It was further observed that such former ministers and legislators are still misusing to escape from action by law enforced by the authorities.

The Court granted no relief as the original petitioner had passed away. However, the Court passed the following directions:

• Director-General (DG) of Police of Tamil Nadu is directed to issue publications through Media providing a chance to all concerned to remove all unauthorized usage of Flags, Emblems, etc., within one month.

• The DG is directed to register cases under the Act after the expiry of the said period of one month. 

• DG is directed to instruct the Subordinate Police officials across the State to register cases under the Act against such person.

Author: Papiha Ghoshal