Madras HC gives nod to BJP's bike rally, directs DGP to not prohibit rallies carrying national flag

CHENNAI: The Madras High Court on Wednesday allowed the BJP to hold their 'Tiranga (tricolour) rally' in Coimbatore and directed the Tamil Nadu Director General of Police (DGP) to not prohibit rallies where participants carried the national flag with dignity — on cars, motorcycles, bicycles, or on foot — on Independence day.

The court was hearing a plea by A Krishna Prasath, Coimbatore district secretary of the BJP's youth wing, challenging denial of permission to conduct a bike rally in Coimbatore carrying the tricolour, as part of Independence day celebrations on August 15.

Justice G Jayachandran referred to freedom fighter Tirupur Kumaran who had held on to the tricolour despite suffering fatal injuries in a police attack during a protest in 1932 under British rule, and remarked that it is unfortunate that the State is denying permission to hold a bike rally with the national flag.

The judge observed that the court found no valid reason in the apprehension of the police who refused to grant consent to the bike rally proposed by the BJP's youth wing in Coimbatore on Independence Day.

He then directed the organisers of the bike rally to provide the details of the route and vehicles, and the time of the rally to the police station concerned.

The court directed participants to not indulge in any act insulting or disrespecting the national flag. The pillion rider should carry the national flag, it should not be fixed on the vehicle, directed the judge, adding that no flags other than the tricolour should be carried during the bike rally.

The petitioner had submitted that the Deputy Commissioner of Police Coimbatore North denied permission to hold the bike rally by wantonly stating frivolous reasons.

Additional Advocate General (AAG) J Ravindran, on behalf of the State, submitted that according to the national flag code, the privileges of flying the national flag on vehicle is restricted to dignitaries such as the President, the Vice - President, Governors, and the Prime Minister.

The AAG referred the Section 9 of the flag code and submitted that the national flag must respected.

It was also submitted that the strength of the police personnel in Coimbatore West zone is around 1,800 on August 15 as most of the cops will be deployed for Independence day bandobast (security arrangements) duty, the AAG submitted, wondering if i was necessary to hold the bike rally against this factual background.

The organisers have planned to conduct the bike rally with 200 vehicles. If it is allowed, it cannot be ensured that the participants will follow road discipline and it will cause public disturbance, said the AAG.

Advocate RC Paul Kanagaraj representing the petitioner submitted that the flag code doesn't prevent individuals from carrying the national flag on vehicles or while walking.

The bike rally aims to create awareness among the youth about the importance of the national flag and the martyrs who sacrificed their lives for India's independence, the advocate said. He assured that no participants would carry political party flags or raise slogans or cause any disturbance to the public.

The AAG then submitted that if the organisers are ready to hold the rally on foot with the national flag, the representation can be considered immediately.

Countering this submission, the petitioner's advocate circulated an order by the Chengalpattu police denying a rally by walk on Independence day from Kovalam junction to Mahabalipuram. There is no synchronisation between the submissions of the AAG and the stand of police, he said.

The AAG also submitted that the permission was not rejected because of political reasons and that a similar request made by the Congress party was also denied.

He further submitted that the State was not prohibiting any one from celebrating Independence day but that there are many better ways to celebrate it by unfurling the national flag at one's home or by doing charity work.