In a hearing on Tuesday, opposition parties affiliated with the Indian National Developmental Inclusive Alliance (INDIA) conveyed to the Delhi High Court that the public interest litigation (PIL) petition challenging their use of the INDIA acronym is not maintainable.
Senior Advocate Abhishek Manu Singhvi, representing the opposition parties, argued that the petition filed by activist Girish Bhardwaj is “completely non-maintainable.”
Singhvi also dismissed the petitioner’s claims that opposition parties were exploiting the national flag. He stated, “Who is using the national flag? If I do it, they can prosecute me under the National Emblems Act.”
Chief Justice Satish Chandra Sharma concurred that the national flag should not be used inappropriately.
Nonetheless, the Court postponed the case until November 22, as neither the Central government nor the opposition parties had submitted their responses to the case.
The Bench, including Justice Tushar Rao Gedela, granted the respondents two weeks to file their replies.
The plea, initiated by activist Girish Bhardwa, contends that opposition parties are misusing the name INDIA for their own purposes and that this may negatively impact the fair conduct of the 2024 general elections, potentially leading to public unrest and affecting the country’s law and order. The plea also asserts that the use of the name INDIA contravenes Sections 2 and 3 of The Emblems and Names (Prevention of Improper Use) Act 1950.
Bharadwaj cited the statements of West Bengal Chief Minister Mamata Banerjee and Congress leader Rahul Gandhi, arguing that these leaders have presented their alliance’s name as “the name of our nation” and implied a conflict between the NDA/BJP and Hon’ble Prime Minister Mr. Modi.
The plea further claims that Rahul Gandhi’s statement has caused confusion among the general public, suggesting that the upcoming elections will be a battle between an alliance (NDA) and the country (INDIA).
The Court had previously issued notice to the 26 opposition parties involved in the alliance, as well as the Central government and the Election Commission of India (ECI). The ECI responded, stating that it lacks the authority to regulate political alliances.
