Excelsior Correspondent
SRINAGAR, July 1: High Court today admitted a petition seeking direction to the State Government for ensuring sanctity of State Flag and directed the Government to file counter within two weeks.
In terms of previous direction where court had asked the respondents to come with a clear stand on next date, respondents in objections stated that the petitioner has misdirected and misconceived the issue as per the State Constitution.
In the objections respondents further stated that State has its own flag and it needs to be respected and hounoured by all including the constitutional authorities. ” It is obligatory to maintain the sanctity and respect of the State Flag in terms of the provisions of J&K Prevention of Insult to State Honours Act 1979″, reads the objections.
After these objections court admitted the petition for further proceedings on July 22 and directed the Government to file counter in opposition to the petition.
Petitioner Khan as a citizen of India and state subject claims to have an interest in sanctity of State Flag adopted by the Constituent Assembly of the State. He said that Section 44 of the Constitution of J&K envisions “Flag of the State” and J&K Prevention of Insult to State Honours Act, 1979, prohibits any insult within the meaning of the Act to the State Flag. He is aggrieved with Circular 14-GAG of 2015 dated 13.3.2015 wherein Circular No. 13-GAD of 2015 was ordered to be withdrawn.
His case is that the State Government vide Circular No, 13-GAD of 2015 directed the authorities to ‘maintain sanctity of State Flag’ at all costs and not to insult the flag that would attract Provisions of J&K Prevention of Insult to State Honours Act 1979.
It is pleaded in the petition that the Circular was withdrawn on the next day vide Circular 14-GAD leading to an ‘inference’ that whatever was stated in Circular No. 13 was not intended to be followed and room left for not adherence of constitutional provisions and J&K Prevention of Insult to State Honours Act.
Petitioner insists that Circular No.14 amounts to violation of the provisions of act and therefore punishable under law. He in this regard refers to background material like press clippings appended to the petition that according to the petitioner has lead to the impugned Circular.
Trending Now
E-Paper
Follow our WhatsApp channel