IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 5255 of 2007() ----------------------------- CRIME NO. 236/07 OF MUNNAR POLICE STATION PETITIONER : ACCUSED: ------------------------- G.SURYA MUTHU, S/O.URU SWAMI, AGED 41 YEARS, WATCHER, PWD BUILDING SUB DIVISION, MUNNAR P.O., ADIMALY VIA, IDUKKI DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUB INSPECTOR OF POLICE, MUNNAR POLICE STATION, MUNNAR. BY D.G.P. SRI. P.G. THAMBI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5255 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2008 O R D E R Are the Republic day and Independence day, just two of the many holidays, that we have in this country? How does the State want/expect such national days to be observed and celebrated at its offices and institutions? Is it not a matter of shame that we as a people have not formulated any guidelines so far as to how such days are to be celebrated? These thoughts have fortunately been brought to our attention now because of the innocent looking indiscretion of the petitioner, a Watcher in the P.W.D. office, who hoisted the national flag at his office in the absence of any other member of the staff, in an objectionable manner with the flag not being hoisted properly and consequently is left to suffer the trauma of criminal proceedings initiated against him. 2. The media highlighted the indiscretion and the fire fighting exercise has exposed the petitioner to the risk of being arrested and left in B.A.No. 5255 of 2007 2 custody for an offence punishable under Section 2 of the Prevention of Insults to National Honour Act, 1971. For the incorrigible rationalist, the tri colour may be only a piece of cloth of ordinary yarn. But in a multi ethnic, multi lingual and multi religious country, yearning for emotional integration, it represents to the polity the values, principles and ideals which bind them together. It evokes sublime nationalism and patriotism. It symbolises all that India stands for and the common march of the Indians to the promised destination of a sovereign, socialistic, secular democratic republic. 3. National days are occasions not merely to sit at home and idle. They must be reckoned as opportunities to kindle the flame of nationalism, patriotism and constitutional idealism and as occasions to introspect and rededicate to the ideals that India stands for. They must be occasions when Indians think of their great good fortune of being Indians. They must look around in the neighbourhood and realise their great advantage of remaining citizens of a democratic country. These are occasions to be proud that we are Indians. Introspection must help us to realise and identify how and where we B.A.No. 5255 of 2007 3 have erred and to contemplate; how the polity can be enthused to do better in the future years. Good must and shall certainly come out of such celebrations. The State should not let go such opportunities without realising their potentiality. 4. Shocked to note that the system which prosecutes the petitioner has no specific idea as to how national days are to be celebrated, my learned Brother, Justice K.T. Sankaran, when he admitted the bail application, wanted the respondent/State to explain how a Peon happened to hoist the national flag in a Government office on the Independence day. It was then realised that there is no expressed expectations for the government even after six decades of independent India as to how the national days must be celebrated in its offices. In some offices there is no hoisting of the flag even. In some peons or watchers hoist flags while the heads of office and their colleagues sit at home and idle. Some do it upside down. Some do gross dishonour to the flag, though unintended and innocuous. The situation caused concern in my mind. The Government was required to respond. B.A.No. 5255 of 2007 4 5. Thanks to the efforts of the learned D.G.P. Shri. P.G. Thambi and responsible responses of the Government, Annex.R1(b), G.O.(P) No.16/08/GAD dt.16.1.2008, has now been issued, which clearly states the expectations of the Government as to how such days are to be celebrated. National days, I do hope, shall hereafter be occasions for serious observance and celebration in the government offices and establishments in the State. Participation must be insisted. It must be a different type of holiday and not merely an idle holiday to sit at home. Even the order that is issued does not insist on participation specifically, but only says that the heads of departments “should ensure participation of the maximum number of staff in the endeavour” with due regard to the provisions of the Flag Code, 2002. I assume that the message will properly reach the target and national days shall hereafter be an occasion for sublime activity and celebration in the offices and establishments of the State. Ext.R1(b) order, it is hoped, shall be observed properly and the indiscretion which has taken place in this case will not hereafter occur in any office of the Government in the B.A.No. 5255 of 2007 5 State. 6. Coming to the facts of the case, I have already adverted to the plight of the petitioner. I have no hesitation to agree that the innocent, indiscretion of the petitioner, should not oblige him to suffer custody and incarceration. I am satisfied that he deserves to be granted anticipatory bail. The learned D.G.P. very fairly submits that the State has no objection against grant of anticipatory bail to the petitioner in the facts and circumstances of this case. I reckon that as an informed, fair and reasonable stand taken by the learned D.G.P. 7. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 29.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.10,000/- (Rupees ten thousand only) without any sureties. B.A.No. 5255 of 2007 6 (b) He shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm B.A.No. 5255 of 2007 7 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5255 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2007 O R D E R The learned D.G.P. has appeared personally to explain to the Court the queries raised. The learned D.G.P. had read to me the letter, which the learned D.G.P. had addressed to the Chief Secretary etc. I must say that the reply furnished is totally insufficient and inadequate. 2. This Court wanted the Government to specify how the government expects national days to be celebrated in its various offices. Are there any guidelines issued? Are the heads of the office expected to celebrate the national days in any particular manner? Are the officers and staff expected to come to the office on those days? Does the Government expect that the national flag must be hoisted in the offices ceremoniously on that day? Why have orders/circulars not been issued so far as to how such celebration is to take place in each B.A.No. 5255 of 2007 8 office? Why is it that such orders are not being issued even now? 3. The Chief Secretary shall file an affidavit clarifying the position to this Court by the next date of posting. Call on 17.12.2007. (R. BASANT) Judge tm B.A.No. 5255 of 2007 9 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5255 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2007 O R D E R The learned Prosecutor prays for time. This court must be told definitely whether there is any order issued by the Government as to how National days are to be celebrated in the various offices of the Government. I find no direct answers are forthcoming, though a lot of opportunities have been given to the Government. I expect the D.G.P. to appear and assist the court in this matter. Call on 26.11.2007. (R. BASANT) Judge tm