By NNN-PTI,
New Delhi : When it comes to deciding on prosecution for any violation of the State Emblem, two Union ministries seem to be in a quandary.
Correspondence between Home and Law ministries following an RTI application appears to bring out lack of clarity in dealing with violation under the State Emblem of India (SEI) Act, 2005.
Despite being the administrative ministry, the Home Ministry has asked the Law ministry to inform “the level of the officer in its (MHA) ministry who may be competent to give sanction for prosecution under the Act.”
According to an RTI query, the Ministry of Home Affairs was asked to provide details of prosecuting authority in the Centre to sanction prosecution under the State Emblem of India (Prohibition of Improper Use) Act, 2005.
The RTI applicant also asked the MHA to advise the number of cases of prosecution instituted under the Act throughout the country along with details of convictions that may have taken place under the SEI Act.
The Home Ministry, however, sent the reply that said, “… Information sought by you (the applicant) is being finalised in consultation with the Ministry of Law and Justice”.
It then forwarded a note to the Law Ministry asking advice, the reply included.
The MHA in the RTI reply has also asked the Law ministry “whether an offence under section 3 and/or 4 read with section 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005 is cognizable or non-cognizable?”