Carrying a tiranga — India's national flag — on a public street is a constitutional right affirmed by the Supreme Court. So when Congress MP Dr. Shashi Tharoor publicly demanded an explanation from Delhi Police on Friday, 16 October 2026, tagging a citizen account @abhijeet_dipke, the post lit up a question that cuts to the heart of civil liberties: can law enforcement stop someone for simply walking with the national flag?

What the law actually says about flying the tiranga

The legal ground here is well-settled. In the landmark Union of India v. Naveen Jindal (2004) ruling, the Supreme Court of India held that the right to fly the national flag is protected under Article 19(1)(a) of the Constitution — the right to freedom of expression — subject to the reasonable restrictions laid out in the Flag Code of India, 2002. The Flag Code itself was substantially liberalised in 2002 and again in subsequent amendments, expanding citizens' rights to display the flag.

In short: an Indian citizen carrying a tiranga on a public street is, as a baseline matter of constitutional law, exercising a protected right — not committing an offence. Any police action against such a person demands a clear legal basis.

Delhi Police, the MHA link, and accountability

Delhi Police is unique among India's major city forces — it does not report to the elected state government but directly to the Union Ministry of Home Affairs. That structural fact gives any opposition challenge to its conduct an inherently political dimension: questioning Delhi Police is, effectively, questioning a central government-controlled institution. Tharoor's demand for an explanation 'to the nation' — not merely to the affected individual — signals this is being framed as a matter of public accountability, not just a private grievance.

Opposition MPs have repeatedly raised concerns about Delhi Police actions touching on public demonstrations and individual liberties. This post fits a pattern of parliamentary voices using social media to force transparency on executive-controlled bodies when formal channels move slowly.

What happens next

The immediate question is whether Delhi Police responds publicly to Tharoor's call-out. The tagged account @abhijeet_dipke — whose situation appears to be the trigger for Tharoor's intervention — may provide further details of what allegedly occurred. Legal advocates watching flag-rights jurisprudence will note that any confirmed action by police against a person solely for carrying the national flag would face a steep constitutional challenge under the Naveen Jindal precedent.

A senior opposition MP invoking the Supreme Court and demanding a police force explain itself to the entire nation over the right to carry the tiranga — that is not a small moment. The burden of response now sits squarely with Delhi Police.