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