High Court Accepts Petition on JK's Own Republic Day
SRINAGAR; High court Wednesday issued notices to the state to explain its position regarding a writ petition filed by a local resident seeking directions to all Constitutional authorities to celebrate November 17 as the Republic Day of JK.
After accepting the writ petition filed by a retried official Abdul Qayoom Khan of Srinagar, a single bench of Justice DH Thakur issued notices to Chief Secretary, Registrar General JK High Court, Chairman Legislative council and Speaker Legislative Assembly.
Court has granted four weeks time to the respondents to reply the writ petition.
The respondents in the petition are: State of Jammu and Kashmir through its Chief Secretary, State High Court through its Registrar, Chairman Legislative Council and Speaker Legislative Assembly.
The petition was filed last year through senior counsel ZA Shah also seeking directions to the State to use the State flag in their official cars and offices.
The petitioner says that Constitutional position of the State and its autonomous character with its own separate Constitution, unlike other States of India, non-hoisting of the State flag amounts to breach of Constitution.
“What Indian flag means to the people of India, the State flag means the same thing to the people of J&K,” says the petition.
The petition says that Non-hoisting of the flag of the State by authorities including Governor, Judges of the Hon’ble High Court, Cabinet or State Ministers and all other authorities- constitutes serious breach of the Constitution of Jammu and Kashmir.
The petitioner seeks discharge of Constitutional or statutory obligations by all the Constitutional authorities and other authorities to use, unfurl and hoist the State flag wherever required on buildings, properties of the State located within or outside of it, official cars and to organize and celebrate 17th of November, 1956, as the Republic Day of the State when the people of the State adopted, enacted and gave to themselves the Constitution.
The petition states that article 25 of J&K Constitution creates the office of the Head of the State as Governor, article 35 provides for council of ministers with Chief Minister as head and article 42 provides for appointment of advocate general.
The petitioner states that having regard to the provisions of the Jammu and Kashmir Prevention of Insult to State Honours Act, 1979, non-use of the State flag by the Constitutional authorities amounts to contempt of the flag of the State.
Khan in his petition further says that contrary to the Constitution under which Constitutional authorities have been created and function, these authorities only use Indian National Flag and no other flag but the Constitutional authority has no choice but to use the State flag in order to demonstrate the sanctity of the flag and Republic character of Jammu and Kashmir.
After accepting the writ petition filed by a retried official Abdul Qayoom Khan of Srinagar, a single bench of Justice DH Thakur issued notices to Chief Secretary, Registrar General JK High Court, Chairman Legislative council and Speaker Legislative Assembly.
Court has granted four weeks time to the respondents to reply the writ petition.
The respondents in the petition are: State of Jammu and Kashmir through its Chief Secretary, State High Court through its Registrar, Chairman Legislative Council and Speaker Legislative Assembly.
The petition was filed last year through senior counsel ZA Shah also seeking directions to the State to use the State flag in their official cars and offices.
The petitioner says that Constitutional position of the State and its autonomous character with its own separate Constitution, unlike other States of India, non-hoisting of the State flag amounts to breach of Constitution.
“What Indian flag means to the people of India, the State flag means the same thing to the people of J&K,” says the petition.
The petition says that Non-hoisting of the flag of the State by authorities including Governor, Judges of the Hon’ble High Court, Cabinet or State Ministers and all other authorities- constitutes serious breach of the Constitution of Jammu and Kashmir.
The petitioner seeks discharge of Constitutional or statutory obligations by all the Constitutional authorities and other authorities to use, unfurl and hoist the State flag wherever required on buildings, properties of the State located within or outside of it, official cars and to organize and celebrate 17th of November, 1956, as the Republic Day of the State when the people of the State adopted, enacted and gave to themselves the Constitution.
The petition states that article 25 of J&K Constitution creates the office of the Head of the State as Governor, article 35 provides for council of ministers with Chief Minister as head and article 42 provides for appointment of advocate general.
The petitioner states that having regard to the provisions of the Jammu and Kashmir Prevention of Insult to State Honours Act, 1979, non-use of the State flag by the Constitutional authorities amounts to contempt of the flag of the State.
Khan in his petition further says that contrary to the Constitution under which Constitutional authorities have been created and function, these authorities only use Indian National Flag and no other flag but the Constitutional authority has no choice but to use the State flag in order to demonstrate the sanctity of the flag and Republic character of Jammu and Kashmir.
No comments: