High Court directs DGP to initiate against misuse of Indian national emblem

Justice SM Subramaniam had passed the direction on a petition by Mukunchand Bohra (since deceased). The petitioner prayed for a direction to the police department to take action against the former Indian National Congress MP R Anbarasu for misusing the national emblem on his letterhead. Since Mukunchand Bohra died, his son Gaganchand Bohra has conducted the case for his father.

The judge said that using the national emblem after retirement and completion of tenure by officials and MPs is a violation of the Emblem and Names (Prevention of Improper Use) Act, 1950.

“Rules were framed allowing only the sitting MPs, ministers and judges to use the national emblem on their official cars. However, after retirement even a subordinate rank government employee is using national emblem on their cars,” Justice Subramaniam observed.

The judge further held that if everyone was allowed to use the national emblem on their cars how police could stop and inquire those people on road.

On recording the submissions, the court directed the DGP to take necessary steps to prevent unauthorised people from using the national emblem.

The judge also said that the Police DGP and Commissioner of Police can draft rules that shall allow even a constable to initiate action against offenders who are misusing the national emblem. The matter was adjourned to January 3, 2021.

Mukunchand Bohra, in his petition, stated that former MP Anbarasu had lodged a false complaint on his letter pad with the Indian National Emblem. “While Anbarasu lodged the complaint in 2006, he was not an MP. Since Anbarasu was a former MP at that particular time of lodging complaint against me, he could not use letter pad with the national emblem,” Bohra said in his affidavit.

He wanted action against the Anbarasu for misusing the emblem. It may be noted Anbarasu died in August 2019.