The Madras High Court has set aside a police order refusing permission for a Tricolour Flag Yatra in Coimbatore, holding that the right to carry and respect the National Flag is constitutionally protected.
Justice V. Lakshminarayanan passed the order on August 14, 2026, in W.P. Crl. No. 2089 of 2026.
Background of the Case
J. Ramesh Kumar, claiming to be a Coimbatore District President of the Bharatiya Janata Party, had sought permission to conduct a Tricolour Flag Yatra on August 13 from 4 PM to 7 PM. The police rejected the proposed route, citing concerns over public inconvenience, breach of peace and law-and-order issues.
The police had, however, indicated that the event could be considered if it was conducted from Women Polytechnic College Junction to VOC Park.
Court's Observations
The High Court took a strong view of the restriction. It observed that the right to carry, hoist and respect the National Flag is deeply connected with the Constitution.
Referring to the Supreme Court's decision in Union of India v. Naveen Jindal, the Court noted that flying the National Flag falls within the freedom of speech and expression under Article 19(1)(a), subject to constitutionally permissible restrictions.
The Court further held that the right to assemble peacefully under Article 19(1)(b), when read with Article 19(1)(a), also protects carrying the National Flag during a peaceful procession.
At the same time, Justice Lakshminarayanan noted that such rights are not unlimited, observing that “one man’s right ends where another man’s nose begins.”
The Court also found that the State's SOP for regulating public gatherings applied where more than 5,000 participants were expected. Since the petitioner's application did not indicate such a gathering, the Court found the police's reliance on the SOP in the circumstances misplaced.
Decision
During the hearing, the petitioner agreed to a route identified by the District Collector under the applicable framework Route No. 236, from MTP Road ARC Junction to North Kovai Chinthamani Junction. The police also accepted the route.
The Court recorded the agreement and permitted the rally to be conducted on August 18, 2026, between 4 PM and 7 PM. It consequently set aside the impugned police order and directed the police to pass the consequential order.
The writ petition was disposed of, the connected miscellaneous petition was closed, and no costs were imposed.
Case Details
Case Title: J. Ramesh Kumar v. State of Tamil Nadu & Ors.
Case Number: W.P. Crl. No. 2089 of 2026
Judge: Justice V. Lakshminarayanan
Decision Date: August 14, 2026
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