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High Court of Karnataka · body

2025 DAILYLAW 83202 (KAR)

GNANESHWARA M v. STATE OF KARNATAKA,

WP/26229/2025 · 2025-10-16

C M Poonacha

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41135-DB WP No. 26229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26229 OF 2025 (GM-RES-PIL) BETWEEN: 1. GNANESHWARA M S/O SRI MANJUNATH AGED 47 YEARS RESIDING AT NO. 110, ARJUN AURA APARTMENT VIJAYA BANK COLONY BENGALURU - 560 076, KARNATAKA. …PETITIONER (BY SRI GNANESHWARA M. - PETITIONER-IN-PERSON) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO. 320, 3RD FLOOR VIDHANA SOUDHA BENGALURU - 560 001. 2. DEPARTMENT OF HOME REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO. 222, 2ND FLOOR VIDHANASOUDHA Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41135-DB WP No. 26229 of 2025 BENGALURU - 560 001. 3. DEPARTMENT OF KANNADA AND CULTURE REPRESENTED BY THE SECRETARY GOVERNMENT OF KARNATAKA ROOM NO. 03, GROUND FLOOR VIKAS SOUDHA BENGALURU - 560 001. 4. KANNADA DEVELOPMENT AUTHORITY REPRESENTED BY THE CHAIRMAN, GOVERNMENT OF KARNATAKA ROOM NO. 263, 2ND FLOOR VIDHANA SOUDHA BENGALURU - 560 001. 5. DEPARTMENT OF PARLIAMENTARY AFFAIRS REPRESENTED BY THE SECRETARY GOVERNMENT OF KARNATAKA ROOM NO. 137, 2ND FLOOR VIDHANA SOUDHA BENGALURU - 560 001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 3 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO REVIEW AND CORRECT THE KARNATAKA STATE EMBLEM TO ENSURE FULL COMPLIANCE WITH THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2025. UPON RECTIFICATION,ENSURE THAT THE SCRIPT सयमेव जयते (SATYAMEVA JAYATE) IS PLACED IN ITS CORRECT STATUTORY POSITION AS PRESCRIBED IN APPENDIX I AND II WITHIN A PERIOD SIX MONTHS OR SUCH TIME AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER & ETC. - 3 - HC-KAR NC: 2025:KHC:41135-DB WP No. 26229 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present Public Interest Litigation, inter alia praying that directions be issued to the respondents to review and correct the Karnataka State Emblem, for ensuring full compliance with the State Emblem of India (Prohibition of Improper Use) Act, 2005 [hereafter 'the Act']. He submits that the use of the Karnataka State Emblem falls foul of Section 3 of the Act. The said section is set out below: "3. Notwithstanding anything contained in any other law for the time being in force, no person shall use the emblem or any colourable imitation thereof in any manner which tends to create an impression that it relates to the Government or that it is an official document of the Central Government, or as the case may be, the State Government, without the previous permission of the Central Government or of such officer of that Government as may be authorised by it in this behalf. Explanation.- For the purposes of this section, "person" includes a former functionary of the Central Government or the State Governments." - 4 - HC-KAR NC: 2025:KHC:41135-DB WP No. 26229 of 2025 2. We find no merit in the aforesaid contention. The petitioner's case is that the words, " सयमेव जयते" are below the State Emblem and not directly below the Emblem of three Lions of Appendix-I of the said Act. 3. We are unable to accept that the same falls foul of Section 3 of the said Act. The petition is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 16