Kasim is the sole accused in a crime registered at the Kavaratti Police Station alleging commission of offence punishable under Section 2 of the Prevention of Insults to National Honour Act, 1971.
The allegation was that some photographs circulated on WhatsApp showed him holding the national flag upside down.
Before the High Court, it was contended that the offence alleged will not lie against the petitioner for the reason that the exhibition of the flag was not in a public place.
It was the case of the petitioner that as part of the “Har Ghar Tiranga’ campaign of the Central government, the petitioner and his wife took photographs within the precincts of the petitioner’s house and posted the same in a restricted/private WhatsApp group consisting of BJP members from Lakshadweep.
The fact the the flag was upside down was an inadvertent mistake and he quickly issued a public apology, it was submitted.
However, Standing Counsel for Lakshadweep, opposed the grant of pre-arrest bail, pointing out that the petitioner is involved in five other criminal cases as well.
Source: Barandbench
