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HC directive in PIL on hoisting of National Flag on public buildings
4/1/2016 11:07:53 PM
Early Times Report
Jammu, Apr 1: In a PIL, seeking a direction to respondents to identify all important buildings for displaying the National Flag on them, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today disposed of the petition with a liberty to petitioner to approach the official respondents by filing a representation and press his grievance.
The petitioner's grievance is that pursuant to Rule 3.39 of section VIII, Part III, of the Flag Code of India, 2002, no National Flag has been displayed on the buildings of Income Tax Commissioner at Rail Head Complex, Divisional Commissioner, Jammu, Excise and Taxation Commissioner, Transport Commissioner, J&K State Commission for Women, J&K Labour Commissioner, J&K Accountability Commission, J&K State Information Commission, J&K Consumer Disputes Redressal Commission, Jammu, District Collector (Deputy Commissioner), Jammu, Collectors (Assistant Commissioners, Sub-Divisional Magistrates, Jammu Municipal Corporation, Tehsil Offices of Revenue Department, Treasuries of J&K Finance Department, District Court, Janipur, J&K Special Tribunal, Janipur, Jammu Development Authority and BSNL, Rani Talab, Jammu.
It was contended that the petitioner was obliged to perform one of his fundamental duties to respect the Tri-colour as enshrined in Article 51-A of the Constitution of India and had sought the court indulgence through his petition filed to propagate its pride, honour and dignity as over the last six decades, several people, including members of Armed forces had ungrudgingly laid down their lives to keep it flying in its full glory. The petitioner had no personal interest in this petition, which was against those who had a statutory duty to display the National Flag on important public buildings and for the advantage and encouragement of the country.
After hearing the two sides, the bench observed that petitioner, without approaching the concerned government, had straightway made a prayer for issuing a writ of mandamus against the respondents. "Such a prayer cannot be entertained," the bench said and disposed of the petition with liberty to the petitioner to approach the official respondents by filing a representation and press his grievance.
If any such representation was filed, the concerned respondents were directed to consider and dispose it of in accordance with law within six weeks of filing of such representation, the bench directed.
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