Karnataka High Court Quashes FIR Against School Principal Over Morphed Photo Of Him Standing On National Flag
The Karnataka High Court quashed an FIR registered against a school principal over a picture circulated on WhatsApp which showed him standing on the National Flag, noting the picture of the petitioner had been edited by his student and thus no mens rea was attributable to the former.
The petitioner, principal of a Government High School, had challenged an FIR registered for offences punishable under Section 2 of the Prevention of Insult to National Honors Act.
Section 2 mandates that whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt the Indian National Flag or theConstitution of India or any part thereof shall be punished with imprisonment which may extend up to 3 years.
On 02-10-2024 during the celebrations of Gandhi Jayanthi at the school, a WhatsApp status of all the students and several others was discovered with regard to the celebration in the school premises. It was alleged that the complainant had noticed in the WhatsApp status, that the petitioner was standing with his slippers on the National Flag. Alleging that the petitioner has disrespected the Indian National Flag, the FIR was lodged.
Justice M Nagaprasanna referred to Section 2 and said that to invoke the provision "mens rea becomes the key ingredient" of the offence. The court noted that on 02-10-2024 when the picture cropped up, the student admitted the guilt and gave an explanation that he has placed the picture of the Principal upon the National Flag unknowingly.
Referring to the picture in question the court said:
"If the two are seen in juxtaposition, it becomes clear that a picture of the petitioner taken elsewhere is edited and placed on the National Flag. It ostensibly cannot be by the petitioner himself, but as admitted, by the student. The petitioner has also given plausible explanation for the students so doing. Even otherwise there are no antecedents of the petitioner that would entail investigation in the case at hand. He is a teacher who has been the Principal of the said institution for the last 7 to 8 years and not had an incident of the kind that is now projected. Therefore, holding no mens rea and inherent improbability in doing the said act, as interpreted by various High Courts, I deem it appropriate to obliterate further investigation into the matter"
It was argued by the petitioner contended that the mobile phone of the petitioner was with the students, who had edited the picture of the petitioner and placed him above the National Flag. He had no intention to insult the National Flag nor had any knowledge about what was being circulated by the students.
The State contended that as per the picture the petitioner is standing on the National Flag. Whether the students have edited and posted it or otherwise must necessarily mean that the case has to be investigated into.
Finding no deliberate act on the part of the petitioner in the alleged crime, the court allowed the plea and quashed the FIR.
Case title: SRI VENUGOPAL B.C., v/s THE STATE OF KARNATAKA & Anr.
CRIMINAL PETITION No.11694 OF 2024