On July 12, the photograph of Amal TK, a Civil Police Officer attached to the Hill Palace police station, saluting national flags found on a waste heap by the wayside at Irumpanam in Ernakulam went viral on social media. Police had reached the spot after being alerted by residents in Irumpanam who first spotted the flags and a case was registered based on the complaint by P R Nair, who stays nearby.
Apart from national flags, the police also recovered insignia embedded on uniforms used by the Indian Coast Guard (ICG) from the dump. An investigation ensued and soon three persons – a scrap dealer, who bagged a contract from the Indian Navy and two men he had employed – found themselves on the wrong end of the law. But the question is how did the national flags, which should have been disposed of with dignity at the source where they were discarded, end up among scrapped goods?
The Flag Code of India, 2002, states that if the flag is in a damaged or soiled condition, it shall be destroyed as a whole in private, preferably by burning or by any other method consistent with its dignity. Even paper flags are not supposed to be discarded or thrown on the ground.
The First Information Report was registered under Section 2 of the Prevention of Insults to National Honour Act, 1971, by the Hill Palace Police Station records that the offence occurred between 11pm and 6am on the intervening night between July 11 and 12. Three persons – Sajar of Thoppumpady, Shameer of Kizhakambalam and Mani Bhaskar, a native of Idukki who works as a driver – were arrested. Subsequently, Section 278 of the Indian Penal Code that deals with littering in public places was added.
Sajar, the dealer who bagged the scrap contract from the Material Office of the Indian Navy located in the Naval Base in Kochi, was later released on bail while Shameer and Mani Bhaskar were remanded. If convicted by a court, those guilty of offence risk punishment with imprisonment for a term which may extend to three years, or with fine, or with both under the provisions of Prevention of Insults to National Honour Act, 1971.
Commander Atul, Defence PRO, Kochi, said that national flags are usually disposed of according to the provisions of the Flag Code. “Old flags are respectfully folded and either burned on a pyre or buried in a box. How the flags in question ended up in the garbage dump is not known at the moment. An internal investigation is being conducted. We are also cooperating with the local police,” he said.
He said the scrap contracts are awarded by the Naval Base through an online tendering system. While labourers hired for work within defence premises are subjected to a background check with the help of the local police, no such procedure has been followed with contractors so far, Commander Atul said.
Sajar said he has won similar scrap contracts several times before. “The ship is dismantled and valuable scrap is extracted from it. Clothes, plastics and other waste materials are given to other agencies to dispose of,'' Sajar said, explaining the usual practice followed. He said he had entrusted waste disposal to Shameer this time. “Everything was bundled up and sold to Shameer. We were unaware that there were national flags with the waste materials,” he said. When asked if they knew where the waste would be dumped, Sajar said that he was of the impression that they would tip them in a quarry. “We came to know that they dumped it on the roadside after the news about the national flag came to light,” he claimed.
Sajar’s brother and business partner Aby said that this is the first time such an incident happened. “Henceforth, we will be cautious to avoid such mistakes. We will make sure that the Coast Guard signs a no-objection certificate before we transport materials out,” he said.
Shameer and Mani Bhaskar could not be contacted since Sajar and the Investigating Officer refused to share their contact.
Sub Inspector Pradeep M, who is investigating the case, feels the accused must have dumped the waste on the roadside to avoid paying the nominal fee to Kochi Municipal Corporation’s Solid Waste Treatment Plant in Brahmapuram, which handles refuse from the city and neighbouring local bodies.
“Illegal dumping of waste is a huge menace in the district. Drivers are willing to do this at night as it helps them earn the extra buck”, he alleged. He said that the police are also investigating the lapse on the part of the Coast Guard in the case.