JOIN USThe Supreme Court will examine the question on a petition filed by two accused, Thamizharasan and V Bharathi.
A bench comprising Justices B Sudershan Reddy and Deepak Verma sought a response from the Tamil Nadu Government on the duo’s petition, challenging the “abnormal conditions” imposed by the Madras High Court in a case relating to an alleged attempt to burn the National Flag.
The high court had imposed the conditions on the ground that it was necessary to inculcate a sense of “fundamental duties” in the citizens as there was a growing trend among agitators in the country to burn the National Flag and damage public properties. According to the prosecution, on April 25, 2009, around 10:15 am, the two accused assembled in front of the district collector’s office in Coimbatore and attempted to burn the Indian and Sri Lankan national flags to protest the alleged genocide of the Tamils perpetrated by the Sri Lankan army. They were arrested on the charge of dishonouring the National Flag. The sessions court refused to grant them bail, following which they approached the high court.
The high court on May 18 granted them bail subject to the condition that Thamizharasan and Bharathi would hoist the Flag in front of their respective homes every day for a week and serve a local orphanage/welfare home during the period.