'Unintentional Mistake': Karnataka High Court Quashes FIR Over Hoisting National Flag Upside Down On Independence Day Function
The Karnataka High Court quashed an FIR registered against a panchayat official booked for erroneously hoisting the National Flag upside down during independence day function, observing that it was an unintentional mistake by the official.
Justice Rajesh K Rai in his order said:
"As could be gathered from records, the contents of the complaint reveals that, the petitioner was deputed as Officer for the Flag hoisting ceremony on 15.08.2021. However, he negligently without taking any such proper precautions, displayed the Flag upside down and same was unfurled erroneously. 8. Further, on careful scrutiny of the charge sheet materials, all the witnesses have stated that the said incident was caused only due to the negligent act of the petitioner and the same was not with an intention or with an ulterior motive to insult the National Flag".
The court noted that in a similar case the Madhya Pradesh High Court in Anand Tiwari vs. State of M.P. had held that, no person of common prudence, particularly someone whose personal interests are not affected at all by such lapse, would believe that a Officer would intentionally unfurl the National Flag in a reverse position intentionally and thus would land himself in trouble.
"As discussed supra, on perusal of the chargesheet averments it is forthcoming that the act of the petitioner-accused was unintentional and it is only by mistake. In such circumstances, the provision under Section 2 of the Act, 1971, does not attract against the petitioner. Since, the petitioner neither offered indignity to the National Flag nor intentionally displayed the National Flag with Saffron side down," the court said.
The complainant - Panchayat Development Officer of Alloli village, Chittapur Taluk, lodged a complaint alleging that, the petitioner/accused No.1 being the Second Division Assistant (SDA) in the Gram Panchayat of Alloli, was in-charge for Flag hoisting on the Independence Day i.e. on 15.08.2021. It was alleged that due to petitioner's negligence, the National Flag has been hoisted upside down erroneously. Case was registered and subsequently chargesheet was filed and the Magistrate court took cognizance of the offence under Section 2 of Prevention of Insult to National Honours Act. Against this petitioner moved the high court seeking quashing of the case.
The petitioner's counsel argued that complaint discloses that due to an oversight and mistake the Flag was hoisted erroneously i.e. in a reverse position. He further contended that the petitioner is a government employee having utmost respect to the National Flag.
The Government pleader submitted that during the course of investigation, it is revealed that the petitioner being the government servant, negligently displayed the National Flag erroneously and thereby insulted and sanctity of National Flag.
Quashing the proceedings the court allowed the plea.
Case title: BHIMSINGH v/s THE STATE OF KARNATAKA & Anr.
CRIMINAL PETITION NO. 200201 OF 2026