CHENNAI: The Madras High Court has directed the Tamil Nadu state government to allow vehicle rallies and processions carrying the national flag on Independence Day. The order was issued by Justice G. Jayachandran, who instructed the Director General of Police (DGP) not to prohibit such events.
The ruling came in response to a petition filed by A. Krishna Prasad, the district secretary of the BJP's Yuva Morcha in Coimbatore, who challenged the denial of permission for a bike rally in Coimbatore involving 200 participants carrying the national flag. The petitioner argued that the refusal to allow the rally violated fundamental rights, as the purpose was to raise awareness among the younger generation about the sacrifices made by freedom fighters.
“This court directs the DGP not to prohibit any rally, whatsoever, by car, bike, bicycle or by walk (procession), in which the participants carry the national flag with dignity and respect,” he said in the order.
While allowing rallies on Independence Day, the judge imposed the condition that only the national flag shall be carried by the participants and not flags of any political parties or organisations. He made it clear that the participants should not cause insult to the flag or disturbance to the public
Justice Jayachandran said it was unfortunate that permission for holding rallies carrying the national flag is denied even after 77 years of Independence.
During arguments, Additional Advocate General (AAG) J Ravindran, representing the state, submitted that insult to the national flag may be caused if 200 persons, as sought in Coimbatore, are allowed to take out the bike rally, apart from the resultant indiscipline leading to disturbance to the public and the possible disruption of traffic.
He also noted the national flag can be permitted to be carried only on vehicles of dignitaries as per the 2023 instructions of the Ministry of Home Affairs.He said the state is concerned about ensuring the dignity of the national flag and not about any political factors.
The AAG also said that there are better ways like unfurling the national flag and carrying gout some charity activities instead of holding vehicle rallies which throw traffic out of gear.
Advocate RC Paul Kanagaraj, appearing for the petitioner, noted that the police had denied permission for taking out even bicycle rallies or processions carrying the flag. Stating that the purpose is to create awareness among the younger generation about the sacrifice rendered by the freedom fighters, he alleged that the fundamental right is violated by denying permission to hold rallies or processions on Independence Day.