Jhanda Case

In a remote village the sarpanch was of a forward caste, and the upa-sarpanch was a SC/ST candidate. On the Independence Day, the sarpanch did not arrive in time for the flag hoisting function. So the upa-sarpanch hoisted the flag. After some time the sarpanch came and got irritated and questioned the upa-sarpanch: “Who asked you to hoist the flag, when I am here and I am just a bit late?” Saying this, the sarpanch pulled out the flag and threw it outside. People who saw this disregard for the national symbol went to the police station and complained regarding sarpanch’s action, and the matter was taken up at the SP level. They filed the case under the charge of dishonoring the national flag and emblem.

They were prosecuted. After cross examination etc, the judgment was to be delivered. At that stage the sarpanch went to the upa-sarpanch and the SC/ST people, begged them to withdraw the case and agree to compromise. The man was convicted. This sentence was unique. The sarpanch was released on Probation of Offenders Act under section 4 under the supervision of DPO.

A mandatory direction was given that on the next 15th August and 26th January, the upa sarpanch will hoist the flag; this sarpanch will attend that function and salute the flag in the presence of the upa sarpanch; the upa sarpanch was to submit the photos of the function to the court; and the district officer was to attend the function and submit his report independently to the court.

Justice prevails.....!