Shivani Thakur
Published on: June 28, 2022 at 17:43 IST
The Gujarat High Court rejected Mumbai-based filmmaker Avinash Das application for anticipatory bail after he was charged with sharing a painting that allegedly insulted the national flag and a picture of Union Home Minister Amit Shah with an IAS officer who had been arrested in Jharkhand on social media.
The Court also rejected his submission to offer an “unconditional apology” while calling his social media posts “a mistake” as he did not intend to insult.
The Petitioner had breached the terms of the Prevention of Insults to the National Honour Act by disseminating a painting depicting a person wearing a tricolour clothing, the High Court noted in its ruling.
Suhail Tirmizi, his attorney, said that his client just intended to distribute the image/painting for its “aesthetic” worth and had no ulterior motivations. Additionally, he said that the applicant was prepared to unconditionally apologise for the “error”.
“Before we proceed further, it may be remembered that from time immemorial people have laid down their lives with a view to salute their own flag. What is so compelling in the piece of cloth called the national flag that people make even the supreme sacrifice for its sake? The national flag, indisputably, stands for the whole nation, its ideals, aspirations, its hopes and achievements”, The court observed.
Earlier, he had approached Ahmedabad Sessions Court seeking anticipatory bail, which rejected it. The Mumbai High Court has rejected his transit anticipatory bail in the case.