- (1.) This Writ Petition has been filed making grievance that the respondents, namely, Yog Guru Baba Ramdev; Shri Anna Hazare, Mrs. Kiran Bedi and others have, on several occasions insulted the National Flag and violated the norms of waiving of National Flag, as provided in the Flag Code 2002. Thus, the petitioner has sought relief that a sum of Rs. 10,00,000,00/- (Rupees Ten crores) be recovered from Baba Ramdev for misusing National Flag for gaining undue mileage benefiting his commercial ends (yoga business) as well as the political gain drive during agitations; Shri Anna Hazare and others be directed to pay a sum of Rs. 1,00,000,00/- (Rupees Ten crores) to the Prime Minister's Relief Fund for using/misusing National Flag for gaining the political mileage during agitations, and further to issue direction to the Central Government through Ministry of Law & Justice to revise the Flag Code of India 2002 and amend the same incorporating the amendment suggested by the petitioner himself.
(2.) The petitioner appears in person and on being asked by the court it has been pointed out by him that against the above referred respondents he has filed the criminal complaints before the police authorities and he has been pursuing the said remedy simultaneously.
(3.) The issue involved in the case has been dealt with by this Court elaborately in Union of India v. Naveen Jindal & Anr., 2004 AIR(SC) 1559, interpreting the clauses contained in the Flag Code 2002 and explained as under what circumstances and in what manner the National Flag can be hoisted by the individuals. The Flag Code is divided into 3 parts. Part II provides for the mode and manner of hoisting/displaying/use of National Flag by Members of Public, Private Organisations, Educational Institutions etc. From reading of Cl. 2.1 of S. 1 appear in Part II of the Flag Code, it is evident that there is no restriction on the display of National Flag by members of general public, private organizations and educational institutions etc. , except to the extent provided in the Emblems and Names (Prevention of Improper Use) Act, 1950 and Prevention of Insults to National Honour Act, 1971 and any other law enacted on the subject. This Court has further held that Flag Code is not the law within the meaning of Art. 13(3)(a) of the Constitution of India. However, right to fly National Flag is a fundamental right. Further the Flag Code provides guidelines to be observed for preservation of dignity and respect to the National Flag.;