- (1.) THIS writ petition has been filed with the following prayers: - i. Respondent No. 2 and 3 should be directed that National Flag should not be disrespected during their agitation or demonstration. ii. Respondent No. 1 and 4 should also be directed to issue guidelines for not using National Flag during political demonstrations, agitations and movements. iii. Any other appropriate writ order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case in favour of the petitioner.
(2.) As far as first prayer is concerned, this Court in the exercise of its jurisdiction under Article 226 of the Constitution of India cannot issue directions as prayed for to citizens not occupying public office which partake the character of a State under Article 12 of the Constitution of India. Further in my considered opinion, in the event of disrespect being shown to the National Flag during agitations and demonstrations, the petitioner has the remedy of laying a criminal prosecution. The second prayer in the writ petition is that the respondent Nos. 1 and 4 i.e. State of Rajasthan and Union of India be directed to issue guidelines for not using the National Flag during political demonstrations, agitations and movements. The prayer as made overlooks the judgment of the Hon'ble Supreme Court in the case of V.K. Naswa versus Home Secretary, Union of India and Others reported in : (2012) 2 SCC 542. Mr. Ajay Kumar Jain counsel for the petitioner has submitted that the aforesaid case is distinguishable from the case set up by him in the present writ petition inasmuch as he is not seeking prosecution of any of the respondents. In my considered opinion, the distinction sought to be drawn by Mr. Jain is without a difference and the whole issue agitated in the present writ petition is fully covered by the case of V.K. Naswa (supra) more particularly on the issue that there is no room for judicial legislation in the exercise of powers under Article 226 of the Constitution of India. I therefore, find no force in the writ petition. Consequently, the writ petition as also the stay application stand dismissed.;