CUTTACK: The Orissa High Court has fixed March 26 for hearing the PIL seeking action against misuse of the national emblem of India along with the Central govt’s counter affidavit to be filed by then.
Ganjam-based Alone Trust filed the PIL on December 27, 2024, two days after the central government in a bid to curb unauthorised use of national emblem, names and photographs of the President and prime minister, had proposed amendments with heavy fine of up to Rs 5 lakh and jail term.
The proposal indicated that the government is looking at whether two laws currently in force to deal with misuse can be merged and brought under the administrative control of one department. Presently, the Home ministry enforces the State Emblem of India (Prohibition of Improper Use) Act of 2005 and the Consumer Affairs department enforces Emblems and Names (Prevention of Improper Use) Act of 1950.
The PIL sought the court’s direction to include the national emblem of India in curriculum of schools and create mass awareness among the common people regarding its importance, legal, social and cultural values. The national emblem is being misused owing to lack of awareness in most cases. Satyameva Jayate is not being written as part of the emblem in many cases. The animals which form a part of the emblem are found missing at some places, the petition alleged.
When the PIL was taken up by the court first on January 22, 2025, advocate Pabitra Kumar Dutta made submissions on behalf of the petitioner. Deputy solicitor general representing the Union of India sought adjournment for verification and rectification. The court posted the matter to February 5.
But when the matter was taken up again on February 19, the central govt again sought adjournment. Reacting to it, the court said, “We have allegation of National emblem being misused. We do not appreciate prayer for adjournment, earlier obtained for verification and rectification. Adjournment granted is peremptory. List on 5th March.”
When the matter was taken up next on March 12, the govt filed a counter affidavit. However, not satisfied with it, the division bench of Acting Chief Justice Arindam Sinha and Justice MS Sahoo directed it to file better counter and said, “There has to be verification, action taken and report. Counter will be accepted on adjourned date upon advance copy served.”