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Come clean on flag circular, HC tells govt
6/16/2015 1:05:24 AM
Early Times Report

Srinagar, June 15 : The J&K High Court has directed government to make its stand clear on withdrawal of a circular in March this year that reaffirmed the equal sanctity of the state flag and the Tricolour in the state.
Hearing a petition filed by a former forest officer Abdul Qayoom Khan, a single bench of the court comprising Justice Hasnain Massodi also directed the government to ensure the sanctity of the state flag.
In this regard, the court issued notice to the government which was accepted by Deputy Advocate General Mir Sajjad.
In his petition, 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.
His case before the court 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. He pleaded that the circular was withdrawn on the next day vide circular 14-GAD leading to an inference that whatever was stated in circular no. 13 was not intended to be followed and room left for non adherence of constitutional provisions and J&K prevention of insult to state Honours Act. He insists that circular no.14 amounts to violation of the provisions of Act and therefore punishable under law. "Let respondents come up with a clear and definite stand by the next date of hearing," the court said and directed the listing of the case on July 1.
"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," the court added.
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