The Madras High Court on Thursday said it was of the view that the dignity of the National Flag has been preserved in the Tamil Nadu government’s emblem. It could not be said the display of the flag in the emblem was against the provisions of the Emblems and Names (Prevention of Improper Use) Act and the Flag Code of India.
The First Bench comprising the Acting Chief Justice R.K.Agrawal and Justice M.Sathyanarayanan was dismissing a writ petition by one R.Kannan Govindarajulu of Kilmaruvathur village in Kancheepuram district, an ex-serviceman.
The petitioner said the government emblem had a temple tower inscribed in it. Although the tower had no deity on it, it represented a Goddess Andal temple (at Srivilliputhur in Virudhunagar district.).
Thus, it represented a place of worship. Allowing a tower of a temple, which was a symbol of Hindu religion, in the government emblem was a violation of the Constitution. In the emblem, there were two National Flags and both had been mutilated inward, violating the Prevention of Insults to National Honour Act. He sent a representation to the Tamil Nadu Government to rearrange the flags to their correct specification.
The Bench ordered it could not be said that since the emblem had a temple tower inscribed in it the government was giving preference to a particular religion.
Insofar as the national flags were concerned, the court said it was of the view that none of the provisions of the Emblems and Names (Prevention of Improper Use) Act and the Flag Code of India had been violated.