However, an Additional District Judge (ADJ) Vijay Malviya's court granted stay on its execution soon after the review petition was filed against the lower court order by lawyers B L Jaat and Rajesh Parashar, who appeared on behalf of all four of them.
They contended that since none of them were holding the national flag in their hands and a third person was carrying it, no case could be made out against the four persons.The complaint in the lower court was filed against by Youth Congress' Madhya Pradesh Unit's former general secretary Dwarka Prasad Jat.
The direction to issue arrest warrants in this matter was given by Judicial Magistrate First Class (JMFC) Zafar Iqbal Ahmed. The complainant has alleged that during a programme to felicitate Swaraj in Nasurllaganj on March 31, 2010, a vehicle carrying a little girl dressed up as 'Bharat Mata' was holding a "tricolour in an upside down position". The vehicle was leading the entourage carrying Swaraj and Chouhan among others. After hearing the complainant, the judge issued arrest warrant against Swaraj, Chouhan, then Sehore Collector Sandeep Yadav and Sehore district BJP chief Rahgunath Singh Bhati under Section 2 of the Prevention of Insult to the National Honour Act.
The court has fixed December 1 as the next date of hearing in the matter.