A PIL has been filed in Madras High Court seeking to ban the flag of political party "Puratchi Bharatham" as it contained the national emblem Ashoka Chakra.
When the petition came up for hearing, First Bench Comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan ordered the Secretary, Public (General) Department to file a reply within three weeks.
The court also ordered issue of notice to the party President.
Petitioner R Kannan Govindarajulu of Kilmaruvathur Village in Kanceepuram District submitted that the party was using the Ashoka Chakra, which is at Serial No.16 of the Schedule of the Emblems and Names (Prevention of Improper Use) Act,1950.
He had made a complaint to the Police which in its reply informed him that there was dissimilarity between the National Emblem and the one used in the Puratchi Bharatham Party flag. The Public (General-1) Department intimated the petitioner that action was under process.
However, as there was no action for the past 22 months since the petitioner filed the PIL.
The court in its order said though the police informed about the dissimilarity, it had not specified the same.
The bench said the "dissimilarity" was "at least not apparent to the eye on the basis of the materials place on record and brought to the court. Hence we direct the Secretary Public (General-1) Department to file the counter affidavit within a period of three weeks.