The Supreme Court of India on July 22 refused to entertain a Public Interest Litigation (PIL) that challenged political parties for using the Indian tricolour with their election symbols in flags.
A three-judge bench headed by Chief Justice of India BR Gavai, along with Justice K Vinod Chandran and Justice NV Anjaria, heard the plea filed by Sanjay Bhimashankar Thobde, a petitioner appearing in person. The petition objected to the alleged misuse of the national flag's tricolour by political parties, especially replacing the Ashoka Chakra with party symbols in their campaign material.
The petitioner argued that parties like the Indian National Congress have been misusing the tricolour, and such actions go against the Prevention of Insults to National Honour Act, 1971.
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“Some parties are putting their symbol on the national flag... the Congress Party has been doing this,”
the petitioner stated before the court.
However, the bench was not inclined to interfere in the matter. The Chief Justice, while dismissing the plea, remarked:
“Since when are they doing it? Some parties are doing it before Independence.”
Following this, the Supreme Court dismissed the petition, indicating that there was no merit in the claims made.
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The plea had named several political entities, including the Indian National Congress, Nationalist Congress Party (Sharad Pawar Faction), and Nationalist Congress Party, as respondents. The Election Commission of India (ECI) and the Union of India were also added as official respondents in the case.
Case: SANJAY BHIMASHANKAR THOBDE Versus UNION OF INDIA AND ORS. | Diary No. 56966-2024