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january 2012

Supreme Court of India · 2012-01-09

V K Naswa vs Home Secretary, Uoi And Ors

Court
Supreme Court of India
Petitioner
V K Naswa
Respondent
Home Secretary, Uoi And Ors
Bench
B.S. Chauhan, Swatanter Kumar

Judgment text excerpt

The Supreme Court dismissed the writ petition filed by V.K. Naswa against various public figures for allegedly insulting the National Flag, citing the Flag Code of 2002 and relevant statutes such as the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971. The Court held that the right to display the National Flag is a fundamental right, but the petitioner could not pursue both a criminal complaint and a writ petition simultaneously. The Court emphasized that factual controversies regarding disrespect to the National Flag are not suitable for resolution under Article 32 of the Constitution.

V K Naswa vs Home Secretary, Uoi And Ors · Niyam