The Kerala High Court has quashed a criminal case against a former municipal secretary, emphasizing that a mere failure to lower the National Flag after sunset does not constitute an act of disrespect. Justice Kauser Edappagath presided over the case of Vinu C Kunjappan, the former secretary of Angamaly municipality, who was accused of dishonoring the National Flag. The court's ruling clarifies the distinction between a lapse in protocol and intentional disrespect towards the flag.

The case originated from an incident on Independence Day in 2015, when the National Flag was hoisted at the Angamaly Municipality compound in the presence of Kunjappan. The flag, however, was not lowered at sunset on August 15 and remained hoisted until noon on August 17. Subsequently, the Angamaly police registered a suo motu FIR, citing a violation of Section 2(a) of the Prevention of Insults to National Honour Act, 1971, along with Rule 3.6 of the Flag Code of India, 2002.

The High Court, in its evaluation, referenced Section 2 of the Prevention of Insults to National Honour Act, 1971, which specifies actions that constitute disrespect towards the National Flag, such as burning, mutilating, defacing, or trampling upon it. The court noted that the act of not lowering the flag after sunset did not fall under these specified actions. Furthermore, the prosecution did not present any evidence suggesting that the omission was a deliberate affront or indignity to the National Flag.

Justice Edappagath underscored that "unless there is a deliberate action with an intention to insult the national honour or show disrespect to the National Flag, the provisions of the Act of 1971 cannot be attracted". The court concluded that without any intention to deliberately disrespect the flag, the act of not lowering it after sunset cannot be deemed an insult or disrespect.

The High Court also addressed the legal standing of the Flag Code of India, 2002, clarifying that it comprises executive instructions from the central government and does not qualify as "law" under Article 13(3)(a) of the Constitution. While the Flag Code serves as a model code of conduct for citizens, it cannot be used to invoke penal consequences unless a specific statutory provision provides for such punishment.

The ruling aligns with a previous judgment by the Kerala High Court, which stated that failing to lower the National Flag at sundown after Independence Day or Republic Day celebrations is not a punishable offense. The court clarified that while citizens are expected to lower the flag at sunset according to the Flag Code of India, this code serves as a model of conduct and not a law.

Consequently, the Kerala High Court quashed the case and all further proceedings against Kunjappan. The court's decision reinforces that a lapse in adhering to the Flag Code, without malicious intent, does not warrant legal punishment under the Prevention of Insults to National Honour Act, 1971.