Taking strong exception to the misuse of the national emblem, the Orissa High Court has sought for spreading of awareness among common citizenry, including the officials, while using the State Emblem of India.
Several instances have been indicated in a Public Interest Litigation (PIL) filed by a civil society group in Ganjam district where such misuse is apparent and evident and, therefore, this Court has taken a serious note in this regard, a Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman stated.
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The PIL flagged the issue that there has been rampant misuse and/or violation of the provisions contained in the State Emblem of India (Prohibition of Improper Use) Act, 2005.
The Act prohibits the improper use of the State Emblem of India for professional and commercial purposes.
The State Emblem of India is the national emblem of the Republic of India and is used by the union government, state governments, and other government agencies. The emblem is an adaptation of the Lion Capital of Ashoka, an ancient sculpture dating back to 280 BCE during the Maurya Empire.
“There is no fetter on the part of the Court in passing a direction for initiation of a proceeding against the persons, who violate any of the provisions of the said Act or misuses the State Emblem of India but this Court feels that the larger issue is required to be addressed so that the misuse of such Act can be prevented and there should be a spreading of awareness into a common citizenry of the State, including the officials while using the State Emblem of India”, the Division Bench ruled in a order pronounced on 12 August.
“We, therefore, appoint Manoj Kumar Mishra, Senior Advocate, the President of the Orissa High Court Bar Association and Subir Palit, Senior Advocate to act as Amicus Curiae to assist the Court in achieving the main object, more particularly, the prevention of misuse of the State Emblem of India and spreading of awareness amongst the people of the society throughout the country”, the Division Bench said in a ruling while posting the matter for further hearing on 2 September next.