Lawfully yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
Lawfully yours: By Retd Justice K Chandru

‘Snarling’ lions in national emblem row not justiciable

The installation of a 6.5-metre high national emblem atop the new Parliament building in Delhi has sparked a row with several Opposition leaders accusing the BJP-led Centre of modifying the national emblem. If these charges are not politically motivated and are true, I would like to know whether the central government really has the power to make such modifications or change the state emblem. Can the act be questioned in a court of law by a private individual?

— Rajasekaran, Mannargudi, Tiruvarur

No doubt the National Emblem is protected by the Prevention of Insults to National Honour Act, 1971. But the present issue is not subject to trial in a court of law. That does not mean the central government can hurt the sentiments of the people by changing the Sarnath Lions into one of the maneaters. Artistic appearance apart, it also exhibits the inner-aggressive nature of those who ordered its installation.

RTI Act does not override statutory rules framed by High Court

Since I could not find two of the judgments I required uploaded on the Madras High Court website, I requested for the said judgment copy by filing an RTI application to Madras High Court. However, in reply, I am informed by the Public Information Officer of Madras High Court that the certified copy of the judgments can be obtained as prescribed in the Madras High Court Appellate Side Rules/Madras High Court Side Rules/ Civil Rules of Practice/Criminal Rules of Practice as the case may be or any other rule for the time being in force only, but not under the RTI. What is the procedure by which I can obtain the required copy of judgments as per the prescribed methods suggested to me?

— Dr P Anand Kumar, NTR College of Veterinary Science, Gannavaram

The issue is covered by the judgments of the Madras High Court and Supreme Court. It has been held that RTI Act does not override the statutory rules framed by the High Court. It is not as if one cannot get to see the orders of the High

Court. One has to apply for a copy of the order as per the rules framed by the High Court.

Besides, every order of the court, including interim orders, is uploaded on the internet and anyone can have access to it. Apart from this, numerous law journals (including online journals) publish most of the orders. Professor, you are wasting your time on unnecessary legal conundrums.

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