The Madras High Court on Friday permitted the Bharatiya Janata Party to conduct a 'Tricolour Flag Yatra' in Coimbatore city in connection with Independence Day celebrations after the State initially denied permission for the proposed rally on August 13.
Justice V Lakshminarayanan, while disposing of the plea filed by the BJP District President of Coimbatore City, expressed shock that the State had denied permission for a rally carrying the national flag on the grounds of law and order situation.
The court observed that irrespective of the party to which one belongs, as long as a person is under the flag, they are bound to respect it. It emphasized that the denial of permission to carry out a yatra on grounds of law and order had shocked the conscience of the court.
The Bench noted that the police also function under the flag and, as much as it is the duty of the petitioner, his party, and every citizen of Coimbatore to respect the flag, the police too should respect it. The court stated that if someone wants to respect the flag, instead of obstructing, the police should permit the same and, in fact, join them in respecting the flag.
While closing the plea after taking note of the agreement to conduct the rally at an alternative location designated by the District Collector for public meetings involving more than 5,000 participants, the court added that in future, the police should not make citizens approach the court just for paying homage to the country and its flag.
The court expressed the hope that in future, the police would ensure that people are not made to approach the court for paying homage to their nation and its flag.
When the State argued that permission was denied considering the law and order situation and the inconvenience that may be caused to residents of the area, the court remarked that such citizens should be reminded that the right to reside also exists because of the flag.
The court said it found it amusing that the State believed a group gathering to pay homage to the nation and its flag might cause inconvenience to some people, and suggested that the police could remind those who might be inconvenienced that their right to reside exists because of the flag.
During the hearing, the court criticised the State for refusing permission for a procession carrying the national flag and orally remarked that Coimbatore was the land of Tiruppur Kumaran, a freedom fighter who died holding the Indian flag while protesting against British rule.
The court said it was sad to see the State refuse permission to a party to carry the national flag in such a place, and remarked that police saying the Indian flag should not be carried was troubling, noting that without the flag, one would not have their rights.
The Bench added orally that even in Kashmir, where there were protests, people were carrying flags, and suggested that if the officer wished to declare that Coimbatore was not part of India, they should declare it part of Pakistan or Afghanistan and that carrying a flag is a sin.
The court stressed that irrespective of political colour, citizens should be proud of the flag.
Pointing to a recent case where the State had denied permission for a bike rally by the Dravidar Kazhagam party, the court orally questioned whether the State was permitting rallies only by the ruling Tamilaga Vettri Kazhagam party and denying permission to other parties like Dravidar Kazhagam and the BJP.
The court asked whether the DK party should not do a rally, the BJP should not carry flags, so only TVK should be allowed to rally.
To this, the Assistant Public Prosecutor Arun Anbumani responded that the State was not taking sides.
The court had earlier noted that the BJP had argued the proposed yatra was a peaceful patriotic programme intended to promote national pride, nationalism, respect for the national flag, and to honour the sacrifice of freedom fighters and members of the armed forces.