Efforts made by Naveen Jindal have been instrumental in strengthening the sense of patriotism among Indians and ensuring that the National Flag is a source of pride and respect for every citizen of the country.
BILASPUR (Chhattisgarh) India CSR (August 10, 2010): In a landmark Judgement Hon’ble High Court of Bilaspur (Chhattisgarh), India quashed the FIR and the complaint against the management of Naveen Jindal led Jindal Power Limited (situated in Tamnar, 40 KM from Raigarh district headquarter) and also quashes the order of Chief Judicial Magistrate, Raigarh, dated 4th March 2008 for flying the National Flag during night.
The court in its judgement said that not lowering the flag at night is no violation of the Prevention of Insults to National Honour Act, 1971. This historical judgement opens the door for the common man to fly the Tiranga at night.
“No citizen can be punished on the basis that he/she did not lower the national flag during dusk and has not insulted the dignity and honour of the national flag.”- Bilaspur High Court, August 9, 2010
The Hon’ble Court’s Rationale for the Judgment
Giving the judgement on 9th August 2010, the Hon’ble Court said that no citizen can be punished on the basis that he/she did not lower the national flag during dusk and has not insulted the dignity and honour of the national flag.
Not lowering the flag at night is no violation of the Prevention of Insults to National Honour Act, 1971. The Hon’ble court quashed all the complaints against the management of Jindal and also the orders of Chief Judicial Magistrate, Raigarh dated 4.3.2008.
Initial Complaint and Police Investigation
Santosh Mishra, a resident of Raigarh, Chhattisgarh filed a complaint against Jindal Power Ltd and its management at PS Tamnar stating that the National Flag was flying in the Naveen Jindal-owned Jindal Power Limited premises after dark at around 6.30 PM. It was alleged that this was a violation of the Prevention of Insults to National Honour Act, 1971 and also a violation of Flag Code 2002.
Closure Report by Police and Subsequent Complaint
A case was filed at PS Tamnar on 18.10.2006 under Section 2 of the Prevention of Insults to National Honour Act, 1971. But after through investigation, it was found by the police that no offence was made out and the closure report was duly submitted to JMFC Ghargoda vide no. 1/2007, 26.06.07.
Additional Complaint and Legal Proceedings
In the meanwhile, another complaint was filed by one Rajesh Tripathi, S/o Kamla Prasad Tripathi, representative of so-called NGO Janchetna against the company and its Executive Director, D P Saraogi On 05.01.08 alleging that there has been offence committed u/s 2 of the Prevention of Insults to National Honour Act, 1971 read with section 153-A, 295 A and 268 Of IPC.
Bilaspur High Court Paves the Way for Citizens to Fly the Tiranga at Night.
Summary of the Legal Case and Its Resolution
Case filed by one Santosh Mishra at PS Tamnar for flying the national flag at night on 18.10.06Police finds no offence is made after investigation Rajesh Tripathi of so-called NGO Janchetna files a complaint against JPL and its management under National Honour ActThe company files a writ petition under article 226 of the constitution of IndiaThe proceedings in lower court were stayed on 03.07.08Finally, Hon’ble High Court of Bilaspur quashes the FIR and complaint against the company and its management
Final Decision by High Court and Historical Context
Jindal Power Limited through its counsel Mr. Satish Chandra Dutt and Satish Verma filed for quashing of the criminal proceedings under Article 226 on 01.07.2008. On 3rd July 2008, Hon’ble High stopped the proceedings of the lower court.
Taking note of the matter Hon’ble High Court has finally quashed the FIR and the Complaint stating that “not lowering down the flag at night is not violative of the Flag Code of India and hence, both the FIR as well as the complaint against JPL and its management is hereby quashed.”
Background of the National Flag Issue and Naveen Jindal’s Role
It may be noted here that JPL is a subsidiary of Jindal Steel and Power Limited headed by Naveen Jindal. After almost a decade-long legal battle initiated by Shri Naveen Jindal on behalf of the people of India to give them the right to hoist the National Flag publically, the Hon’ble Supreme Court gave the landmark judgment in 2004 saying that every citizen of the country has the right to fly the National flag with respect, dignity and honour thus becoming a fundamental right of every citizen. The decision prompted the Central Government to amend the National Flag Code.
In December 2009 a young Member of Parliament and one of the leading industrialists Naveen Jindal got the Flag Code once again amended and secured permission to fly the National Flag even during night hours. Before this amendment, the practice of flying the National Flag during the night was generally not permitted. However, with the revised Flag Code, flags mounted on poles 100 feet or higher could be flown at night, provided they were adequately illuminated.
This significant change in the Flag Code was a testament to Naveen Jindal’s persistent efforts and dedication towards fostering a sense of national pride and respect for the National Flag among the citizens of India. His campaign not only led to legal reforms but also ignited a nationwide awareness about the importance of the National Flag as a symbol of the country’s unity, integrity, and sovereignty.
Moreover, Jindal’s initiatives extended beyond the courtroom. In February 2010, he influenced a significant decision in the Lok Sabha, the lower house of India’s Parliament. He advocated for allowing Members of Parliament to wear lapel pins displaying the National Flag while seated in the House.
This move challenged the existing Rule No. 349 (XIV) of the Rules of Procedure and Conduct of Business in the Lok Sabha, which prohibited Members from wearing badges of any kind in the House. The acceptance of this change symbolized a growing respect for the National Flag in every aspect of public life and governance.
(India CSR)
