MM, Patiala House issues Notice to Terminix (Termin-X) on Delhi Panthers Party’s petition for insulting National Flag

Shri Akash Jain, Metropolitan Magistrate, Patiala House, New Delhi issued notice to M/s. Terminix (Termin-X) on a petition filed by Shri Rajiv Jolly Khosla, President, Delhi Pradesh Panthers Party whether prima facie case exists against company for allegedly insulting National Flag u/s. 2 of Prevention of Insult to National Honour Act, 1971. Accordingly the company has been summoned to file PF and RC within seven days.

Shri D. Vidyanandam, Advocate and Secretary of State Legal Aid Committee appeared for the Panthers Party.

The order on summoning, MM, New Delhi stated,

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Flag of India (Photo credit: Wikipedia)

“In brief the facts of the case are that on 13.08.2012 complainant found certain pamphlets showing National Flag in the middle being distributed by accused through newspapers and through their employees for promotion of their business i.e. pest control services. It is alleged that the accused had got printed name of their brand along with photo of a cockroach on pamphlets besides printing colours of National Flag of India along with Ashok Chakra on the same. It is thus, prayed that acts of accused have resulted in insult of national flag causing hurt to the sentiments of the complainant and public at large. It is submitted that one complaint made by the complainant to SHO and DCP concerned in this regard but no action was taken. Hence, the present complaint. It is prayed that the accused be summoned by this Court to face trial for the offences under Section 2 of the Prevention of Insult to National Honour Act, 1971”.

The MM further observed,

“In support of his case complainant examined himself as CW1 and reiterated the contents of the complaint. Complainant further relief upon documents i.e. one of the pamphlet in question which is Ex.CW1/E and complaints made by him to various authorities which are Ex.CW1/A to Ex.CW1/D”.

The MM in his concluding remarks observed,

“It is settled proposition of law that for the purpose of summoning of accused what is to be seen in whether ‘prima facie’ case exists or not. Keeping in view of the testimony of CW1 and document CW1/E, this court is satisfied that prim facie case is made out against accused for the offence under section 2 of Prevention of Insult to National Honour Act 1971. Accused accordingly be summoned on filing of PF and RC within 7 days from today for 30.06.2015”.terminix

SC asks J&K for status report on Committee constituted by SC for relief to flood victims

A division bench of the Supreme Court headed by Mr. Justice Madan B. Lokur today directed the Advocate-General of J&K Govt. to provide status report to the court regarding the distribution of relief to the flood victims in J&K. Supreme Court was hearing a writ petition filed by J&K National Panthers Party and others for the distribution of equitable relief in cash and kind to the victims of floods and rain in Jammu and Kashmir in September, 2014.

Prof.Bhim Singh, Sr. Advocate appearing for JKNPP submitted that the Supreme Court on 24thSeptember, 2014 constituted a Special Five-Member Committee to monitor the distribution of relief to the floods and rain victims all over the state. The committee comprising of the Senior Registrar of the High Court (Convenor), Secretary, Revenue, Relief and Rehabilitation, Govt. of J&K, a nominee of the Union of India besides President, J&K High Court Bar Association at Srinagar and President, J&K High Court Bar Association at Jammu was appointed as the Members of the Special Committee. The Committee was directed to submit its interim report within four weeks. The committee submitted its report on 09.10.2014. The four members of the committee signed the report except the Revenue and Rehabilitation Secretary of J&K Govt. Mr. Vinod Koul. Prof.Bhim Singh further submitted that Mr. Koul in his decision not to sign the report remarked in writing that, “More than 95% of the affected areas were yet to be covered as such”. He had further stated that the Committee required sufficient time for visiting the other affected areas to ascertain the factual position. He had prayed for extension in time”.

Prof.Bhim Singh strongly argued that the committee was to monitor the relief and rehabilitation programmes of the State Govt. He strongly objected that State Disaster Management Authority has not been constituted and if any floated formerly was not engaged in the process of distribution of relief or verify claims and counter claims. He charged the Govt. of J&K for misusing Central aid for their political interest ignoring thousands of affected farmers and others. He urged the court to ask the committee to submit its comprehensive report regarding distribution or fixation of relief to the floods and rain victims.

Supreme Court granted four weeks to the Govt. of J&K to file its status report.

Prof.Bhim Singh was assisted by Mr. B.S. Billowria, Mr. D.K. Garg, Mr. S. K. Bandopadhyay, Advocates.