Excelsior Correspondent
Srinagar, Nov 17: High Court today reserved it orders on a petition wherein direction upon the State Government has been sought for ensuring sanctity of State Flag and the Act of 1979 which prohibits any insult of the State Flag.
The petition was filed by one Abdul Qayoom Khan, retired Indian Forest Services officer, immediately after withdrawal of Circular No. 13-GAD of 2015 dated 12.3.2015 issued by the Government whereby hoisting of State Flag with National Flag was ordered which on the next date was withdrawn vide Circular No. 14-GAD of 2015.
Petitioner 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 He is aggrieved with Circular 14-GAD of 2015 dated: 13.3.2015 wherein Circular No. 13-GAD of 2015 was ordered to be withdrawn.
Government in opposition to the instant petition pleads that there is a stated position under provisions of the Act of 1979 about the State Flag and thus there is no need of further action or issuance of any circular or Government order impressing upon the authorities to honour it.
“Anybody who contravenes or goes against the stated constitutional position with regard to the hoisting of the State Flag shall invite action under the Act”, reads the objection of Government.
With regard to the celebration of November 17 as Republic Day of the State, it has been stated that it is not obligatory for the State to celebrate the day as Republic Day as there is no constitutional provision or any statute which makes it obligatory upon the State to celebrate the day as Republic Day for the State.
It is further stated that all constitutional authorities whether Civil Secretariat, State Legislature, Public Service Commission, or the Court are under obligation to show due respect and honour to the State Flag by hoisting the same on their buildings as such there is no occasion for issuance of any kind of circular in this regard.
The petitioner’s 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.
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 led to the impugned circular.
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