GUWAHATI, Feb 4 � The Asom Gana Parishad (AGP) today condemned the act of consuming the cake with the National Tri-colour painted on it, by the Governor as well as the Chief Minister of the State on the occasion of the Republic Day recently.
AGP chief spokesman Atul Bora told this newspaper that both the constitutional and the political heads of the State with their said act had committed a serious crime against the nation. For, he said, the National Tri-colour represents India and its sovereignty. Therefore, he said, both of them should be punished as per the legal provisions in a bid to uphold the prestige of the National Flag, Bora said.
He also informed that his party today sent a memorandum to the President of India on the issue and it is sending tomorrow similar memorandums to the Chief Justice of India, the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha, Bora said.
When contacted on the issue, former Advocate General of the State Pachu Gopal Baruah told this newspaper that Section 3 of the Prevention of
Insult to National Honour Act, 1971 says that certain actions, which amount to be an insult to the National Flag, are offences or violations amounting to commission of offences punishable with 3-year rigorous imprisonment or fine or both.
Section 4 of the same legislation says that commission of offences during the singing of the National Anthem by commission of disturbances etc, is also an offence punishable with 3-year rigorous imprisonment or fine or both.
Therefore, it is clear that the National Flag and the National Anthem represent the nation. So, any violation of sections 3 and 4 of the said Act amounts to an insult to the nation and as such, violation of the Constitution.
It is more so, when the violation is committed by constitutional authorities, as they are bound by oath, inter alia, to protect the Constitution. But the President, Vice-President and the Governor, while in office, cannot be prosecuted under the Constitution. However, the other constitutional authorities have no such immunity.
Therefore, the only way to get aid of the erring constitutional authorities, other than the country�s President, is to withdraw their immunity. And this can be done only by the President of India, said the senior jurist.
GUWAHATI, Feb 4 � The Asom Gana Parishad (AGP) today condemned the act of consuming the cake with the National Tri-colour painted on it, by the Governor as well as the Chief Minister of the State on the occasion of the Republic Day recently.
AGP chief spokesman Atul Bora told this newspaper that both the constitutional and the political heads of the State with their said act had committed a serious crime against the nation. For, he said, the National Tri-colour represents India and its sovereignty. Therefore, he said, both of them should be punished as per the legal provisions in a bid to uphold the prestige of the National Flag, Bora said.
He also informed that his party today sent a memorandum to the President of India on the issue and it is sending tomorrow similar memorandums to the Chief Justice of India, the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha, Bora said.
When contacted on the issue, former Advocate General of the State Pachu Gopal Baruah told this newspaper that Section 3 of the Prevention of
Insult to National Honour Act, 1971 says that certain actions, which amount to be an insult to the National Flag, are offences or violations amounting to commission of offences punishable with 3-year rigorous imprisonment or fine or both.
Section 4 of the same legislation says that commission of offences during the singing of the National Anthem by commission of disturbances etc, is also an offence punishable with 3-year rigorous imprisonment or fine or both.
Therefore, it is clear that the National Flag and the National Anthem represent the nation. So, any violation of sections 3 and 4 of the said Act amounts to an insult to the nation and as such, violation of the Constitution.
It is more so, when the violation is committed by constitutional authorities, as they are bound by oath, inter alia, to protect the Constitution. But the President, Vice-President and the Governor, while in office, cannot be prosecuted under the Constitution. However, the other constitutional authorities have no such immunity.
Therefore, the only way to get aid of the erring constitutional authorities, other than the country�s President, is to withdraw their immunity. And this can be done only by the President of India, said the senior jurist.
