A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha dismissed the PIL filed by one Ram Samudre after AAP filed an affidavit stating it was not using the national flag and emblem ever since it joined politics.
The petition had sought a direction to the political party and its members not to misuse the flag and emblem. Samudre had claimed that AAP was using the national flag and emblem on its websites and during rallies and was trying to pass it off as its party symbol.
"The respondents have been using the national flag and emblem to gain political mileage. This is a violation under the Emblems and Names (Prevention of Improper Use) Act and the State Emblem of India (Prohibition of Improper Use) Act," the petition said.
AAP in its affidavit, however, said it had stopped using the flag and emblem since December 2013 when the Election Commission of India had raised an objection on the issue. The high court accepted the affidavit and observed that no further case is made out to entertain the PIL and dismissed it.