In a significant ruling on Tuesday, the Bombay High Court set aside an FIR registered against an 85-year-old man accused of displaying the Indian National Flag in an inverted position on Republic Day in 2017.
Justice Ashwin D. Bhobe held that mere presence at a flag-hoisting ceremony does not amount to an offence under the Prevention of Insults to National Honour Act, 1971, unless there is clear evidence of intentional disrespect.
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Background of the Case
The applicant, V.K. Narayanan, a retired senior citizen currently residing in Kerala, had approached the High Court seeking quashing of FIR No. 13 of 2017 registered at Tilak Nagar Police Station, Mumbai.
The FIR was lodged after police officials allegedly found that the national flag hoisted on the terrace of “Shri Rajani Society” in Chembur on January 26, 2017, was displayed with the saffron colour at the bottom.
According to the prosecution, society members had gathered for a flag-hoisting ceremony around 9:15 a.m. Later in the afternoon, police visited the premises and claimed the flag was inverted. A case was registered under Section 2(4)(l) of the Prevention of Insults to National Honour Act, which penalises intentionally displaying the flag with the saffron side down.
A charge sheet was subsequently filed, and criminal proceedings were initiated before a Magistrate in Mumbai.
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Arguments Before the Court
Appearing for the applicant, counsel argued that the FIR did not contain any material to show that Narayanan had hoisted the flag or intentionally displayed it in an inverted position.
It was also submitted that the only allegation against him was that he was present during the ceremony. There was no independent evidence suggesting he handled the flag or gave instructions regarding its display.
The prosecution relied on the statement of the society’s watchman. However, the defence pointed out that even this statement did not attribute the act of hoisting the flag to the applicant.
The applicant had also placed on record an unconditional apology, considering the sensitivity surrounding the national flag and his advanced age.
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Court’s Observations
Justice Bhobe examined the scope of Section 2 of the Prevention of Insults to National Honour Act, 1971. The law clearly states that the offence is made out only when the flag is intentionally displayed with the saffron side down.
The Court noted that intention, or “mens rea” (a legal term meaning guilty intent), is an essential ingredient of the offence.
“The Applicant’s mere presence at the place of hoisting of the Flag, as alleged, would not amount to an offence,” the Court observed.
The judge further held that even if the allegations in the FIR were accepted at face value, there was no material to show that Narayanan had displayed the flag, much less that he had done so intentionally.
The Court also took note of an earlier order passed by the Magistrate taking cognisance of the offence. It described the order as a “rubber-stamped cognisance” and said it did not disclose any reasoning or application of mind.
Citing Supreme Court rulings, the High Court reiterated that issuing process in a criminal case is not an empty formality. The Magistrate must record reasons showing that there is sufficient ground to proceed.
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The Court relied on principles laid down by the Supreme Court in State of Haryana vs. Bhajan Lal, which allows High Courts to quash criminal proceedings to prevent abuse of the process of law.
It concluded that the present case squarely fell within those principles.
The Decision
Allowing Criminal Application No. 7 of 2026, the High Court quashed:
- FIR No. 13 of 2017 registered at Tilak Nagar Police Station
- Charge Sheet No. 460/PS/2017 pending before the Magistrate
- The order dated July 3, 2017, taking cognisance
“There shall be no orders as to cost,” Justice Bhobe said while allowing the application.
The proceedings against the applicant thus stand closed.
Case Title: V.K. Narayanan vs State of Maharashtra
Case No.: Criminal Application No. 7 of 2026
Decision Date: 23 February 2026
