No rally carrying national flag should be prohibited on Independence Day: Madras High Court

The Madras High Court on Wednesday (August 14, 2024) directed the Tamil Nadu Director General of Police and heads of the police force not to prohibit any rally — by foot, bicycles, motorcycles, or cars — carrying the National Flag on Independence Day provided that it is carried with due respect and dignity.

The Madras High Court on Wednesday (August 14, 2024) directed the Tamil Nadu Director General of Police and heads of the police force not to prohibit any rally — by foot, bicycles, motorcycles, or cars — carrying the national flag on Independence Day provided that it is carried with due respect and dignity.

Justice G. Jayachandran ordered that any individual or group was entitled to take out a rally carrying the tricolour to exhibit their patriotic fervour after intimating the jurisdictional police.

The participants of the rally should, however, ensure there was no public disturbance, the judge said. The orders were passed on a writ petition filed by a BJP office-bearer against the rejection of permission for a motorcycle rally by the Coimbatore City Police.

The petitioner A. Krishna Prasath’s counsel R.C. Paul Kanagaraj told the court that police officers in other districts had denied permission for similar rallies even by foot and bicycles and that this rejection violated the fundamental right of citizens to carry the Tricolour.

Taking a serious note of such orders passed by the police, the judge said, “Tamil Nadu is known for its renowned freedom fighter ‘Tiruppur’ Kumaran, also known as ‘Kodi Katha’ Kumaran, who protected the National Tricolour’s honour despite losing his life in a brutal attack during the British rule.”

“Unfortunately, after 77 years of Independence, the writ petitioner has approached the court against the denial of permission by the police for taking out a motorcycle rally carrying national flags,” the judge said, rejecting all reasons cited by the police in denying permissions for such rallies.

During the course of the arguments, Additional Advocate General (AAG) J. Ravindran said the Flag Code of India, 2002, clearly stated that the national flag should not be flown on any vehicle except that of dignitaries such as the President, Vice-President, Prime Minister, Governors, and so on.