Tuesday, February 12, 2013

14 Year Boy Raises Question Over Naveen Jindal's Tiranga Bangles

Panchkula (I-Haryana News): Panchkula based 14 years old boy, Deepanshu Bansal on Tuesday raised big iota over Congress Member of Parliament from Kurukshetra, Mr. Naveen Jindal move to launch Tiranga Bangles.
As per information Master Deepanshu Bansal minor son of Mr.Vijay Bansal resident of house number 1242, Sector-7, Panchkula has filed a case against Mr. Naveen Jindal, the Flag Foundation of India, a society headed by Mr. Jindal and Ministry of Home Affairs, government of India in Panchkula court on Tuesday and Judge, Dr. Atul Mariya ordered to issue notices to all above mentioned and fixed February 21, 2013 for next hearing of the case for defendants replies.
According to plight made by 14 years boy, Deepanshu Bansal, Mr. Navin Jindal, who studied in America on the earning of his Late father Sh.Om Parkash Jindal, who was a towering personality and a self made man and is under the influence of American Culture, which is of very recent origin and as such he is ignorant of the rich culture of his own country and its strength and meaning of offering of bangles to any one in India.
Following is the original plight filed by Panchkula boy against Mr. Navin Jindal for dishonoring national flag’s dignity mentioned in the Flag Code of India.
IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) PANCHKULA CIVIL SUIT NO._____ OF 2013

Master Deepanshu Bansal minor son of Sh.Vijay Bansal, Advocate, of H.No.1242, Sector-7, Panchkula, through his father Sh.Vijay Bansal being his natural guardian.
                                           Plaintiff.
                                          Versus
1.  Naveen Jindal, Member of Parliament, son of Late Sh.Om Parkash Jindal resident of H.No.171, South Avenue, New Delhi-110011.
2. The Flag Foundation of India( A Society Registered under the Societies Registration Act, 1860) H.No.171, South Avenue, New Delhi-110011 through its President/Secretary.
3.The UNION OF INDIA, through its Secretary, Ministry of Home Affairs, New Delhi.
… Defendants.
SUIT FOR A DECREE FOR PERMANENT INJUNCTION RESTRAINING THE DEFENDANT NO.1 & 2 FROM FLOUTING THE NATIONAL FLAG CODE OF INDIA 2002 AS AMENDED
UPTO DATE and showing the disrespect to the National Flag including misusing the same and its name for political and business purpose or offer gross afferent or indignity to the Indian National Flag in any
manner,  and further for a decree of mandatory Injunction directing the defendants no.3 to take such steps which are necessary to ensure the dignity and respect of National Flag, after the amendment of the National Flag code of India in view of the Supreme Court Judgment titled as Union of India and others vs. Naveen Jindal reported as 2004(2) JT. Page 1 & initiate appropriate action against the defendant no.1 & 2.

Plaint Under Orders 7 Rule 1 of CPC.

RESPECTFULLY SHOWETH:-

1. That the plaintiff is a student of 8th class of D.A.V. Senior Secondary Public School, Surajpur, Distt. Panchkula and is the resident of the above mentioned address. The plaintiff being minor is
filing the present suit through his father Sh.Vijay Bansal, who is his next friend and Natural Guardian.
2. That the plaintiff has studied that it is the Fundamental Duty of Every Citizen to abide by the Constitution and respects its ideals and institution, the National Flag and National Anthem as enshrined in Article 51-A of the Constitution of India, because the National Flag, National Emblem, National Song, National Animal, National Bird, National Flower, National Language, National Fruit, and the National
Tree are binding force that bind us together and keep us united as a nation and inculcate the feeling of patriotism and Nationalism among our countrymen.
3. That while emphasizing the honour and dignity of Indian National Flag i.e. Tricolour, Flag Code of India, 2002 says as under:- “The Indian National Flag represents that hopes and aspirations of the
people of India. It is the symbol of our National Pride. Over the last five decades, several people including members of armed forces have ungrudgingly laid down their lives to keep the tricolor flying in its full glory. The significance of the colours, and the chakra in the National Flag was amply described by Dr.S.Radhakrishnan in the constituent. Assembly which unanimously adopted the National Flag.
Dr.S.Radhakrishnan explained-“Bhagwa or the saffron colour denotes renunciation of disinterestness. Our leaders must be indifferent to material gains and dedicate themselves to their work. The white in the centre is light, the path of truth to guide our conduct. The green shows our relation to soil, our relation to the plaint, life here on which all other life depends. The Ashoka wheel in the center of the
white is the wheel of the law of Dharma. Truth of satya, dharma or virtue ought to be the controlling principles, of those who work under this flag. Again, the wheel denotes motion. There is death in
stagnation, there is life in movement, India Should no more resist change, it must move and go forward. The wheel represents the dynamism of a peaceful change.
4. That the Indian National Flag represents the integrity and of the Nation, as such its importance can be judged from the fact that the National Flag was adopted by the constituent Assembly constituted for the framing of Constitution of India, even about two months prior to the 15th of August, 1947 and about two years and 7 months prior to 26 January, 1950.
5.That Sh.K.V.Singh has aptly said in the book titled ‘THE COLOURFUL WORLD OF FLAGS’ published by the “National Book Trust”, that: “A Flag is not a mere piece of cloth, attached to a staff. It is the
symbol of a faith, family, dynasty or a country. For this very reason, people, through history have laid down lives for their flags.” He has further said that how, out of necessity flags came into existence.
“With a view to organizing themselves in a war they invented conspicuous objects in the form of flags which they carried with them to battlefields, so that the soldiers could follow the directions of their flag during an operation of war.
The Egyptians, Assyrians, Greeks, Romans, Indians, and the Muslims all followed similar practices. The ancient Persians displayed a vulture a javelin during a war. The Greeks chose an armour piece, while the
Romans had an eagle for their standards. The Chinese standards bore figures of dragons, the figure of a unicorn and an incense burner during the Indus Valley Civilization.”
He further said:- “In ancient India, flags had religious connotations, too. A number of Puranas provide sufficient details to show that the Indians dhvaja enjoyed the status of a sacred object. The dhvaja-dana or erecting a metal-cum-wooden flagpole in a temple in honour of its deity was considered an act of great merit. The Puranas describe in detail the various dhvajas sported by different Hindu gods and goddesses.
According to the Adi-Purana, the Jain kings used to make dhvaja-dana at their temples. There are many reference to kings, who made dhvaja-dana to temples. The Pali-dhvaja is an integral part of a Jain
shrine according to this Purana. It has five stripes of saffron, basanti (a shade of yellow), white, green and black with the motif of Swastika in the centre of the flag. One can notice such flags on any
of the contemporary Jain shrines as well. Besides fabric flags, flags made of metal particularly of brass or copper can also be seen installed on the shikhar (apex) of the shrine.
The buildings, too, employed flags for propagation of their faith and displayed multi-coloured flags at their places of workship. A number of colourful flags and buntings can be observed flying atop Buddhist-Viharas.
Most of the modern Hindu temples are adorned with red or saffron coloured satin flags, whereas the Muslim shrines are seen dotted with dark green Parchams (flags). Gurudwaras, on a high flagmast called the Jhanda-Sahib, a gold-yellow triangular flag is flown and the flagmast is completely wrapped with the same colour cloth as that of the flag.”

“Further the Hon’ble Supreme Court of India before holding that right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen, within the meaning of Article 19(1)(a) of the constitution of India, being expression and manifestation of his allegiance and feelings and sentiments of pride for the Nations, as such not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of Article 19 of the constitution of India had aptly discussed the role and duty of the courts to protect the Honour of the ‘National Flag’ in para no.86, in celebrated Judgment in case titled as “Union of India Vs. Naveen Jindal and another”, reported as JT 2004(2) SC 1, which is reproduced as under:-
“The courts jealously protects the honour of the National Flag as would be noticed from a decision of a Division Bench of the Andhra Pradesh court of which one of us, Sinha, J. was a party, in a A.Satya
Phaneendra V. S.H.O. Kodad (PS) Nalgonda and others1, wherein considering a letter enclosing therewith a tri-coloured cloth resembling the National Flag which was sold as handkerchief, the court
referring to the provisions of the said Acts held and directed.

“9.The aforementioned provisions, having regard to the purpose and object thereof, must be given strict construction. They also must be construed in the context of Article 51-A of the constitution of India.

10. The provisions of the aforementioned Acts and the Flag code of India clearly state the reasons as to why the same had to be enacted by the Parliament inasmuch as it is expected of every citizen of India to pay respect to the National Flag, National Anthem and the constitution of India they deserve and any case involving deliberate disrespect thereto must be seriously dealt with….
11. The appropriate authorities including the Collector of Nalgonda District and the superintendent of Police, Nalgonda should have taken all steps to prevent the misuse of the India National Flag.
12 They evidently have failed to perform their statutory duties.
13. Having regard to the fact that it has been stated in the letter dated 15.12.2000 that the writer thereof is not aware of the name(s) of the persons(s) manufacturing the same, we direct the state and in
particular the district collector and the superintendent of Police, Nalgonda district to take steps to conduct investigation with regard to the misuse of the National Flag and see to it that the offenders
are brought to book. Let a copy of this order be sent to the chief Secretary to the Government of Andhara Pradesh so that necessary directions to all concerned may be issued so as to prevent such misuse of the Indian National Flag. Accordingly, we dispose of this writ petition. No costs.”

6.That the aforesaid judgment of the Hon’ble Supreme Court of India is being misinterpreted by most of the Citizens including defendant no.1 & 2 in absence of wide publicity, to its operative paras and
National Flag Code and Fundamental Duties enshrined in the Article 51-A Constitution of India including the defendant No.1 and 2, inspite of the fact that the defendant no.1 was the respondent/petitioner in
the aforesaid said case. The defendant no.1 who studied in America on the earning of his Late father Sh.Om Parkash Jindal, who was a towering personality and a self made man and is under the influence of American Culture, which is of very recent origin and as such he is ignorant of the rich culture of his own country and its strength and meaning of offering of bangles to any one in India.  The Justice V.R. Krishna Iyer has aptly described the strength and richness of the India and its culture by reproducing the extract from Australian Law Reform Commission’s Issue in his book titled as “Constitutional Miscellany” as under:- We have great talent, immense scholarship, latent creativity, but still we lag behind in law-making suited to the Indian Genius and needs of the masses. I think, given vital restructuring and new vistas, our legislative pathology may be converted into our Code making opportunity. I conclude from the Australian law Reform Commission’s issue. “The West can teach the East how to get a living, but the East must eventually be asked to show the West how to live”.
7. That being influenced by the American culture the defendant no.1 only gave references of the same in his writ petition before the Hon’ble Delhi High Court and subsequently in the Supreme Court in the
aforesaid case.
8. That the plaintiff was shocked to go through the Hindustan Times dated 5.2.2013 wherein, a news report titled as “JINDAL’S PAIN RELIEVING TIRANGA BANGLES BOGUS?” (TALL CLAIM) appeared. As per the aforesaid news report, Tiranga; the popular name of the National Flag is being misused by the defendant no.1 for political and business purposes through the defendant no.2, which is prohibited under the “Prevention of Insults to the National Honour Act 1971 and the Flag Code of India. The Emblem and names (Prevention of Improper use) Act 1950 and the State Emblem of India Act 1950 and Rules” there under.Further the above said act of the alleged tall claim of the defendant no.1 & 2 made the newspaper reporter who reported the matter to use the word bogus which amounts to offering indignity to the National Flag of India and defendant no.1 & 2 are solely responsible for the same and deserves to be prosecuted and the plaintiff reserve his right initiate separate criminal proceedings against them in case defendant no.3 does not take any action. Photocopy of the newspaper Hindustan
Times cutting dated 5.2.2013 is attached as Annexure P-1.

9. That all citizen of India is equal before the law whether it is the defendant no.1 or a cobbler, as such by taking cue from the act of selling ‘Trianga Bangles’ any cobbler can start manufacturing Tiranga
shoes/Jooties. The action of the defendant no.1 and 2 without realizing the consequences of their action and irreparable loss being caused to the Honour and dignity of the National is illegal and amounts to flouting of National Flag Code of India.

10. That under the influence of the American Culture the defendant no.1 is not only causing irreparable damage to the dignity and Honour of the National Flag but also to the rich and composite culture of the
country by his acts and deeds, as the people of India knows the importance and sanctity of the Flag from the ancient time as the Flag is described in the ‘PURANAS and OLD SCRIPTURES’ originated in this
country. Even the illiterate person in the country side knows that Flags are flown on the top of the “Mandirs, Gurudwaras and others religious places”. But the defendant no.1 and 2 are only publicizing
one part that right to fly the National Flag is Fundamental Right of every citizen, whereas, the other part i.e. respect and dignity to the National Flag is being ignored and due to this reason every agitationist whether wrong or right have started holding the National Flag without knowing how to maintain the dignity and Honour respect to the National Flag, during the agitations these days and the defendant
no.1 & 2 are responsible for this situation. The situation turns ugly when the police has to deal with agitationist, some of whom hold the National Flag in their hand.
11.That the defendant no.3 has failed to perform their duty to enforce the laws/rules and orders which have been enacted with the object to preserve the dignity and honour of the National Flag and deserve to be directed to enforce the aforesaid law, inspite of the fact that the defendant no.3 is duty bound to publicize the National Flag code and educate the citizens about their duty to respect the National Flag. Further the defendants No.1 & 2 who are also claiming that they have fought for the right to fly the National Flag and taking credit for the same to enhance their political prospects, but they are not educating the citizens and publicizing the Flag Code of India and other laws to preserve the Honour and dignity of the National Flag.
12. That the plaintiff has left with no other efficacious remedy except to file the present suit as the defendants have been indiscriminately showing disrespect to the National Flag.
13.That no litigation is pending between the same parties with regard to the same cause of action in any competent court of law.
14.That there is no other officious remedy left with the plaintiff except to file the present suit.
15.That the relief claimed in the suit is of very urgent nature with directly concerns the honour, dignity and sanctity of National Flag and immediate nature and it is not practicable to serve notice upon
the defendants at this stage as the serving of such notice may frustrate the very purpose of filing the suit, as such the present suit is being filed without serving the defendant no.3 a notice under
section 80 CPC and the plaintiff crave the indulgence of this Hon’ble court for the grant of exemption from serving the advance notice under section 80 CPC upon the defendant no.3.

15. That the plaintiff has come to know about the act of misuse of the National Flag by the defendant no.1 & 2 at Panchkula on 5.2.2013, through the HINDUSTAN TIMES dated 5.2.2013, as such the cause of
action in favour of the plaintiff has arose at Panchkula, which is within the jurisdiction of this Hon’ble Court and this Hon’ble Court has got the jurisdiction to entertain and try the present suit.

16.  That the value of the suit for the purposes of court fee and jurisdiction is Rs.___ and the prescribed court fee of Rs.___  Has been affixed on the plaint. 

It is, therefore, respectfully prayed that the present plaint for a DECREE FOR PERMANENT INJUNCTION RESTRAINING THE DEFENDANT NO.1 & 2 FROM FLOUTING THE NATIONAL FLAG CODE OF INDIA 2002 AS AMENDED UPTO DATE and showing the disrespect to the National Flag including misusing the same and its name for political and business purpose or offer gross afferent or indignity to the Indian National Flag in any manner,  and further for a decree of mandatory Injunction directing the defendants no.3 to take such steps which are necessary to ensure the dignity and respect of National Flag, after the amendment of the National Flag code of India in view of the Supreme Court Judgment titled as Union of India and others vs. Naveen Jindal reported as 2004(2) JT. Page 1; initiate appropriate action against the defendant no.1 & 2, to follow the National Flag Code of India may kindly be allowed, in the interest of justice. AND/OR Any other order or direction which this Hon’ble Court deems fit may also be granted in favour of the plaintiff and against the defendants
plaintiff
Through
Ravi Sharma WITH ANIRUDH KUSH, SUNIL BHARDWAJ, RAJESH SHARMA Advocates”

Dinesh Singh Rawat:

I do agree with Deepanshu Bansal and support his cause. Well done Boy. 



Know more About Tiranga Bangles 
Naveen Jindal’s Tiranga Bangles (Tri-Vortex bangle) as claimed that these  can cure ailments like acidity and arthritis, purify water and even protect people from harmful cell phone radiation.
The bangle was launched on Friday. The 'tiranga' copper bangle, designed with Tri-Vortex technology from South Africa, is an initiative of the Flag Foundation of India, an NGO run by parliamentarian Naveen Jindal. It was unveiled by Minister of Human Resource Development Shashi Tharoor.
 

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