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INSTIGATING PEOPLE FOR NOT ATTENDING REPUBLIC DAY FUNCTION

(Querist) 07 February 2009 This query is : Resolved 
07.02.2009

DEAR SIRS,

SHALL BE GRATEFUL IF ANYONE LETS ME KNOW IF IT IS A CRIMINAL OR OTHER TYPE OF OFFENCE FOR INSTIGATING PEOPLE TO BOYCOT THE REPUBLIC DAY FUNCTION (IN OUR CO-OPERATIVE HOUSING SOCIETY BY SOME MEMBERS) EITHER AS PER THE CONSTITUTION OF INDIA OR INDIAN PENAL CODE.

CAN WE FILE A FIR AGIANST SUCH PEOPLE? IF SO, KINDLY LET ME KNOW THE RESPECTIVE CLAUSE OF INIAN PENAL COE AS WELL AS REF OF THE CONSTITUTION OF INDIA, IF POSSIBLE.


SHALL BE GRATEFUL IF AN EARLY REPLYI SENT.

THANKING YOU IN ANTICIPATION AND WITH REGARDS.

YOURS FAITHFULLY

Sriprakash Bhattacharya, KOLKATA
email: bhattacharyasriprakash@gmail.com
Tel: 09836310615
Kiran Kumar (Expert) 08 February 2009
in opinion u can not initiate such an action unless and untill those persons have shown disrespect to Indian Flag.

if Republic Day function is not attended it does not invite any criminal action.

almost similar kind of situation happened with Lalu Parsad Yadav, when he refused to stand at the time of National Anthem.

merely by not attending the RD function it can not be concluded that such an individual is antinational.
B.B.R.Goud. (Expert) 08 February 2009
dear friend,
one should not initiate any legal action, unless they insult or disrespect or cause any indescent act towards the nation & national flag, national song and national anthem or relevant to the republic day celebration, in accordance with the provisions of National Flag Code.
A. A. JOSE (Expert) 09 February 2009
While legal position is well explained hereinabove and I fully agree with the same, I feel that the instant case is worth trying before a criminal court if witnesses are bold enough to depose in support of the complaint, and thus the issue would receive legal scrutiny by the court of law please.


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