Legal Notice issued by Naresh Kadyan to all offenders of the legislation's related to State Emb — Restoration of the dignity and pride of the State Emblem of India - Sukanya Kadyan

To,



(1) The Cabinet Secretary,

Shastri Bhawan, New Delhi



(2) The Secretary,

Ministry of Home Affairs, North Block
Central Secretariat,

New Delhi



(3) The Secretary,

Ministry of Law and Legal Affairs, Government of

India, ‘A” Wing, Shastri Bhawan, New Delhi.



(4) The Commissioner of Delhi Police,

Delhi Police Head Quarter, New Delhi.



(5) The Director,

National Dairy Research Institute, Karnal.



(6) The Chairman / Secretary,

Haryana Public Service Commission, Panchkula.



(7) The General of Indian Army, Sena Bhawan, New Delhi.
(8) The Director General, Indian Coast Guard,
Coast Guard Headquarters, National Stadium Complex, New Delhi.
(9) The Director General o[censored]P Police, Lucknow.
(10) The Secretary, Indian Ordnance Factory Board
Ayudh Bhawan, 10-A, S. K. Bose Road, Kolkata – 700001









Subject: Legal Notice





Greetings,



The International Organization for Animal Protection – OIPA www.oipa.org is a United Nations (Department of Public Information) affiliated Italy based organization and undersigned representing OIPA in India. I hereby, serve upon you, the following Notice: -

1. That the addressee no.1 is Union of India and responsible for all the acts, the addressee No. 2 is the Home Ministry of government of India and responsible for all acts and the Addressee no. 3 is law ministry o[censored]nion of India.



2. That the Indian Police Force, Para Military Forces and Indian Army are using State Emblem on the shoulder of their officers as a significant of a rank in the service, on their cap as well.



3. That the Indian military forces, police forces and Para military forces are using State Emblem partly and they are not using properly as per set procedures laid down by the concerned Ministry, hence they have violated the concerned legislation’s; the Prevention of Insults to National Honour Act, 1971 and The State Emblem of India (Prohibition of Improper Use) Act, 2005.



4. That the state emblem is an adaptation from the Sarnath Lion Capital of Ashoka. In the original, there are four lions, standing back to back, mounted on an abacus with a frieze carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels over a bell-shaped lotus. Carved out of a single block of polished sandstone, the Capital is crowned by the Wheel of the Law (Dharma Chakra).



5. That In the state emblem, adopted by the Government of India on 26th January 1950, only three lions are visible, the fourth being hidden from view. The wheel appears in relief in the centre of the abacus with a bull on right and a horse on left and the outlines of other wheels on extreme right and left. The bell-shaped lotus has been omitted. The words Satyameva Jayate from Mundaka Upanishad, meaning 'Truth Alone Triumphs', are inscribed below the abacus in Devanagari script.



6. That the these departments are not using the State Emblem in actual shape and design, they are using State Emblem, incomplete, which comes under the violation of the Act The Prevention of Insults to National Honour Act,1971 and The State Emblem of India (Prohibition of Improper Use) Act, 2005.



7. The Hon’ble Supreme Court of India has also passed a judgment on the proper using of the National Flag in the matter o[censored]nion of India Vs Navin Jindal in the case no. Appeal (Civil) 2920 of 1996, Judgment dated 23.01.2004.



8. That the Order dated 14.07.2011 of Hon'ble High Court, Calcutta on state Emblem of India in case No. CPAN 1270 of 1210 and CPAN 65 of 2011 filed in connection with W.P.No 32027(W) of 2008 regarding the State Emblem.



9. As per the provisions of Chapter VI of the Orders relating to the State Emblem of India issued by the Ministry of Home Affairs, Government of India, and the State Emblem may be displayed on –



(1) Cars of the Rashtrapati Bhavan when the President or his wife is traveling by such vehicles and the spare car following the car of the President;

(2) Car of the Vice-President when he or his wife is traveling;

(3) Cars of Raj Bhavans or Raj Niwases when the following dignitaries or their wives are traveling by such vehicles within the State or Union Territory concerned:-

a. President,

b. Vice-President,

c. Governor of the State,

d. Lt. Governor of the Union Territory;

(4) Cars of Rashtrapati Bhavan when the following dignitaries or their wives are traveling by such cars:-

a. Visiting Heads of Foreign States,

b. Visiting Vice-Presidents of Foreign States or dignitaries of equivalent status,

c. Visiting Heads of Foreign Governments or dignitaries of equivalent status like Crown Prince and Princess of Foreign States;

(5) Cars of Raj Bhavans or Raj Niwases when the following dignitaries or their wives are traveling by such vehicles within the State or Union Territory concerned:-

a. Visiting Heads of Foreign States,

b. Visiting Vice-Presidents of Foreign States or dignitaries of equivalent status,

c. Visiting Heads of Foreign Governments or dignitaries of equivalent status

(6) Cars and other means of transport used by the Heads of India's Diplomatic Missions in the countries of their accredition;

(7) Cars and other means of transport used by the Heads of India's Consular posts abroad in the countries of their accredition subject to the laws, regulations and usages of the countries concerned;

(8) Cars maintained by the Protocol Division of the Ministry of External Affairs when in use for duty with the foreign dignitaries of the rank of Cabinet Ministers and above visiting India and escorting the Ambassadors accredited to India on ceremonial occasions.

Triangular metal plaques showing the Ashoka Chakra (i.e. Dharma Chakra which is a part of the State Emblem) may be displayed on

Cars of the following dignitaries when they are traveling anywhere in India:-
Cabinet Ministers of the Union;
Ministers of State of the Union;
Speaker and Deputy Speaker of the Lok Sabha;
Deputy Chairman of the Rajya Sabha;
Cars of the following dignitaries when they are traveling within their State or Union Territory, as the case may be:-
Cabinet Ministers in States,
Ministers of State in States,
Speakers and Deputy Speakers of the State Legislative Assemblies,
Chairman and Deputy Chairman of the State Legislative Councils,
Ministers (other than Deputy Ministers) o[censored]nion Territories with Legislature
Speakers and Deputy Speakers of Legislative Assemblies in Union Territories.

PENALTY FOR MISUSE: Section 3, of the Emblems and Names (Prevention of Improper Use) Act, 1950 prohibits the use of the State Emblem or any colourable imitation thereof ‘for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design…except in such cases and under such conditions as may be prescribed by the Central Government.’ Contravention of this provision is punishable with fine which may extend to five hundred rupees. Prosecution can, however, be instituted, only with the previous sanction of the Central Government or of any officer, authorized in this behalf by general or special order of the Central Government.

But as per above set procedures, the State Emblem is being fixed on the vehicle number plate below the belt / foot break level, where as placing State Emblem like this is also a insult of the Emblem.

Prosecution can, however, be instituted, only with the previous sanction of the Central Government or of any officer, authorized in this behalf by general or special order of the Central Government, hence a copy of any orders passed as per these provisions may kindly be supplied to us.

Where as some State Government websites also using the State Emblem with out Devanagari words, such as Himachal Pradesh, Kerala, Tamil Nadu, Karnataka etc and Punjab Police, Himachal Pradesh Police, Madhya Pradesh Police, Haryana Police, Goa Police, Kolkata Police, Gujarat Police, UP Police, Delhi Police, Rajasthan Police, Indian Coast Guard etc along with the Haryana Public Service Commission – HPSC, National Dairy Research Institute – NDRI, Karnal, Indian Arms Factories make blunder mistakes and I have purchased a Revolver from the Kanpur unit but said Revolver also have the State Emblem with out Devanagari words, we have also objections on the Central Excise and Customs Department advertisements, which are being telecast on many news channels because they are showing their official logo including State Emblem with out Devanagari words.

Private persons, bodies of persons and sports associations are not permitted to use the State Emblem on their letter-heads, seats, crests, badges, house flags or for any other purpose except with the permission of the Government but the Delhi State Rifle Association also using the State Emblem in their official logo with out Devanagari words, where as they are not entitled to use Emblem in their logo.

The National Flag of India shall be made of hand spun and hand woven

Wool / cotton / silk Khadi bunting, as per Flag Code of India but plastic materials are openly used to prepare our Indian National Flag, I have lodged complaint with the Prashant Vihar Police Station along with 30,000 plastic National Flag but no action against the offenders nor FIR was lodged by the Delhi Police, where as it was a live sting operation with the Zee News, trader was caught with Motor Cycle with 30,000 flag by the Police Post Rohini Court officials. Like wise a complaint was lodged with the Bhiwani Police against Boxer Vijinder Singh for fixing Emblem on his wedding card, A complaint has been lodged with the Hauz Khas Police Station, New Delhi against the Delhi Rifle Association but no legal action.

(9) That the improper use of the State Emblem is the insult of our State Emblem, which comes under the violation of the law.



You all addressees are therefore, requested to immediately remove / stop the above improper use of the State Emblem from the shoulder of the forces and all the other places, where is using the incomplete State Emblem and insulting our State Emblem, within 15 days from the receipt of this notice and it is also requested to all the addressee that the above said legislation's are toothless due to bailable and non-cognizable offense in legal terms, prosecution sanctions are also mandatory in advance, hence the said legislation should be replaced with strong law or amendments required in present system to upkeep respect and honour for our State Emblem of India. Prosecution sanction condition should be deleted in the interest of natural justice.



Yours Sincerely,







Naresh Kadyan



Cc along with relevant enclosures for information, necessary action and sue motto:

1. Hon’ble Mr. Chief Justice, Delhi High Court, New Delhi.

2. Hon’ble Mr. Chief Justice, Punjab and Haryana High Court, Chandigarh.

3. Hon’ble Mr. Chief Justice, Calcutta High Court, Kolkata.

4. Hon’ble Mr. Chief Justice, Rajasthan High Court (Jaipur Bench), Jaipur.

5. Hon’ble Mr. Chief Justice, UP High Court (Lucknow Bench), Lucknow.

6. Hon’ble Mr. Chief Justice, Madhya Pradesh High Court, Jabalpur.

7. Hon’ble Mr. Chief Justice, Karnataka High Court, Bangalore.

8. Hon’ble Mr. Chief Justice, Kerala High Court,

9. Hon’ble Mr. Chief Justice, Madras High Court, Chennai.

10. Hon’ble Mr. Chief Justice, Himachal Pradesh High Court, Shimla.
Restoration of the dignity and pride of the State Emblem of India - Sukanya Kadyan
Restoration of the dignity and pride of the State Emblem of India - Sukanya Kadyan
Restoration of the dignity and pride of the State Emblem of India - Sukanya Kadyan
Restoration of the dignity and pride of the State Emblem of India - Sukanya Kadyan
Restoration of the dignity and pride of the State Emblem of India - Sukanya Kadyan
Restoration of the dignity and pride of the State Emblem of India - Sukanya Kadyan
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