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HC reserves judgment on petition about state flag 11/17/2015 11:16:07 PM Early Times Report Srinagar Nov 17: The state High Court today reserved its judgment on a petition challenging withdrawal of a circular that had called for maintaining the sanctity of the state flag by hoisting it along with the tricolor wherever constitutionally required in Jammu and Kashmir. A single bench of the court comprising Justice Hasnain Massodi reserved the verdict after hearing additional advocate general B A Dar and petitioner in person, Abdul Qayoom Khan, a former forest officer. In his submission, the AGG sought dismissal of the petition on number of grounds, claiming none of the legal, constitutional or statutory rights of the petitioner has been violated by the withdrawal of the circular. "There is a stated and well known position under article 144 of the state constitution about the state flag and no further reiteration is needed," the government said in the objections. The government said that the petitioner has raised some contentions which cannot be adjudicated upon by the court under its extra-ordinary jurisdiction. Regarding plea for directions to the government to observe the November 17 as Republic Day, the government submitted that it was not obligatory as there is no constitution provision or any statue which makes it binding for the state to celebrate the day. 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 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. 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 He pleaded that the circular was withdrawn on the next day vide circular 14-GAD leading to an inference that whatever was stated in circular no. 13 was not intended to be followed and room left for non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.   Share This News with Your Friends on Social Network     Comment on this Story

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