A division bench compromising a qualified Chief Justice Hemant Gupta and an experienced Justice Sujoy Paul in The Madhya Pradesh High Court has refused to issue necessary directions for hoisting of a tricolour national flag on public buildings mandatorily on all the days. This division bench also ensured that there is no necessary in the Flag Code regarding hoisting of the national flag all the days on the public buildings specified in the Clause 3.39 of the Section VII of the Flag Code of India, 2002 Act.
The Madhya Pradesh High Court disposed of a PIL that seeks essential directions for compulsory hoisting of the national flag on every important public building including, but not limited to the offices of the district boards, high courts, secretariats, commissioner’s, municipalities, zila parishads and public sector undertakings. The petitioner of this case took the ground of provisions in the clause 3.3 of section II as well as clause 3.39 of the Section VII of the flag code of India, 2002 with an aim to press his relief. On the other hand, the court said that the provision in the clause 3.3 of section II is mandated about a list of conditions in which the national flag can be hoisted.
The clause 3.39 starts with the word normally. The court elucidates the word normally means that it is directory, but not to be used in a mandatory form. There is no necessary that public buildings have to hoist the national flag. Thus, there cannot be any direction for respondents to hoist the national flag on any public building as specified in the clause 3.39 of Section VII of the flag code of India 2002.
The central government of India issued some guidelines about the flag code. The government has the force of the law for only purpose of violation of such guidelines instead of mandating that the national flag has to be hoisted on all public buildings all the days. The current bench in the High Court of Madhya Pradesh ensured and said that we do not find any kind of direction has to be issued for mandatorily hoisting a national flag on every public building day after day. Every resident in the nation has to understand and keep in mind about how our ancestors got freedom from the British ruled Indian government. They have to respect the national symbols such as the national flag.