Karnataka High Court orders stringent action against misuse of national emblems

Bengaluru: The Karnataka High Court has directed both the state and the union government to take stringent action under the provisions of relevant Acts and the rules to prevent the unauthorised use/misuse of national symbols/emblems at public places and vehicles.

A division bench comprising Chief Justice NV Anjaria and Justice MI Arun said this while disposing of a PIL filed by the High Court Legal Services Committee.

The petitioner committee had highlighted the issues identified by a coordinate bench of the high court while dealing with a criminal petition about use and misuse of the name ’Human Rights Commission’ on vehicle and letterheads. The petitioner said many such statutory and constitutional authorities are misused by the public.

After perusing relevant statutes relating to the issue, the division bench observed that “It is true and unfortunate that there is tendency amongst the constitutional authorities who are the former authorities no more in the office, the former Members of the Parliament or Ex-Legislators have been misusing the Emblem, Flags, Names, etc. by fixing them in their letterheads and the number plates of the vehicles. This conduct is both unfortunate and depreciable. The misuse of Symbols, Seals, Flags, Emblem and Names have to be countered for their illegal and unauthorised display at various places in various manners,” the bench said.

The bench directed for strict implementation of the State Emblem of India (Prohibition of Improper Use) Act, 2005 and The State Emblem of India (Regulation of use) Rules, 2007 as well as Rules of 2010 and all applicable provisions of Central Motor Vehicle Rules, 1989, in particular Rules 50 and 51, as well as the applicable rules of Karnataka Motor Vehicle Rules.

“The respondent-authorities are directed that notice shall be issued by way of different public modes through print and visual media to remove all kinds of unauthorised Flags, Emblems, names, Symbols, Stickers, Seals, Logos of any kind which are prohibited. There shall be instructions to all to remove such emblems and discontinue unauthorised use thereof within four weeks. The higher-ups of the respondents shall chalk out the methods and programmes to sensitise the officials and implementing authorities to see and ensure that the misuse of National Emblem and National Symbols in various forms do not occur, stopped and prevented,” the bench said.

The court further said, “The respondents shall instruct the implementing authorities to register the cases under the provisions of the relevant Acts and the Rules wherever the complaints with regard to the misuse of the National Symbols and Emblems are found correct. Necessary circulars in this regard should be issued.”

The court said that the school children or the law students shall also be involved in spreading awareness against misuse and unauthorised display of National Symbols and Emblems by any person, body or organization.

The court also said that regulations should be framed for imposition of fine and for cancellation of driving licence by providing such penal measures in the relevant Rules for violating law on use of the National Emblems and Symbols.

The traffic police should be educated by undertaking programmes and imparting training to keep observance and proper vigil to take penal action whenever they come across the violation of the kind and nature.