Excelsior Correspondent
SRINAGAR, June 15: The State High Court today directed the State Government to ensure that sanctity of the State Flag is maintained and the Act of 1979 which prohibits any insult of the State Flag be acted upon in letter and spirit.
Justice Hasnain Masoodi after hearing the petitioner, Abdul Qayoom Khan, a retired Forest Services Officer, in person directed the Government to come up with a clear and definite stand by the next date of hearing with regard to withdrawal of Circular No. 13-GAD of 2015 dated 12.3.2015 whereby hoisting of State Flag with National Flag was ordered which on the next date has been withdrawn vide circular No. 14-GAD of 2015.
“In the meantime, respondents to ensure that sanctity of the state flag is maintained and provisions of J&K prevention of insult to State Honours Act, 1979 acted upon in letter and spirit. List on 1.7.15”, court directed after issuing notice to the State Government which was accepted in open court by Deputy Advocate General Mir Sajad Ahmad and directed him to come on next date with a clear stand.
“All the Constitutional authorities are enjoined upon to maintain the sanctity of the State flag, at all costs, as is being done in respect of Union flag. The flag shall always be hoisted jointly on the buildings housing constitutional institutions and shall be used on the official cars of Constitutional authorities. Any deviation in this regard shall amount to insult of Act 1979”, reads the circular of 12.3.2015.
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 points out that section 44 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 He is aggrieved with circular 14-GAG of 2015 dt: 13.3.2015 wherein circular No. 13-GAD of 2015 was ordered to be withdrawn.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It was pleaded in the petition that the circular was withdrawn on the next day vide circular 14-GAD leading to an ‘inference’ that whatever was stated in circular no. 13 was not intended to be followed and room left for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 insisted 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