PIL in High Court seeks celebration of the day when State adopted its Constitution in 1956
Srinagar, Dec 11: A Public Interest Litigation has been filed in J&K High Court seeking directions to all Constitutional authorities under the Constitution of Jammu and Kashmir to celebrate November 17 as the Republic Day of J&K as it was on this day in 1956 when people of the State adopted their Constitution.
The petition filed by 61-year old Abdul Qayoom Khan of Rajbagh Srinagar through senior counsel Z A Shah also seeks directions to the Constitutional authorities of the State to use the State flag in their official cars and offices.
The petitioner states that in keeping with the 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.
“Non-hoisting of the flag of the State by all the Constitutional authorities created or who function under the Constitution of Jammu and Kashmir- including Governor, Judges of the Hon'ble High Court, Cabinet or State Ministers and all other authorities- constitutes serious breach of the Constitution and the law as is in vogue in the State of Jammu and Kashmir,” states the petition.
“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 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 petitioner states that under the Constitution, statutory laws as also in executive instructions, all Constitutional authorities are bound to use the State flag.
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.
“Similarly article 46 provides for creation of the legislatures, article 57 provides for position of the Speaker/ Deputy Speaker in the Legislative Assembly and Article 61 provides for Chairman and Deputy Chairman of the Legislative Council,” states the petition.
The petitioner submits that article 93 provides for creation of the High Court consisting of Chief Justice and two or more other Judges, article 95 provides for the appointment of a Judge of the High Court and Article 97 provides the oath to which a judge of the High Court is required to subscribe before he/she enters upon his/her office.
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.
He submits 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.
“This has the effect of showing contempt to the Constitution of the State.”
The petitioner submits that such a situation has to be prevented. “So long as a Constitutional authority is created by the Constitution of the State, is under an obligation to use the State flag, 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,” the petition states.
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 High Court will hear the petition only if it is approved by the Chief Justice as a PIL.
The petition filed by 61-year old Abdul Qayoom Khan of Rajbagh Srinagar through senior counsel Z A Shah also seeks directions to the Constitutional authorities of the State to use the State flag in their official cars and offices.
The petitioner states that in keeping with the 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.
“Non-hoisting of the flag of the State by all the Constitutional authorities created or who function under the Constitution of Jammu and Kashmir- including Governor, Judges of the Hon'ble High Court, Cabinet or State Ministers and all other authorities- constitutes serious breach of the Constitution and the law as is in vogue in the State of Jammu and Kashmir,” states the petition.
“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 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 petitioner states that under the Constitution, statutory laws as also in executive instructions, all Constitutional authorities are bound to use the State flag.
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.
“Similarly article 46 provides for creation of the legislatures, article 57 provides for position of the Speaker/ Deputy Speaker in the Legislative Assembly and Article 61 provides for Chairman and Deputy Chairman of the Legislative Council,” states the petition.
The petitioner submits that article 93 provides for creation of the High Court consisting of Chief Justice and two or more other Judges, article 95 provides for the appointment of a Judge of the High Court and Article 97 provides the oath to which a judge of the High Court is required to subscribe before he/she enters upon his/her office.
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.
He submits 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.
“This has the effect of showing contempt to the Constitution of the State.”
The petitioner submits that such a situation has to be prevented. “So long as a Constitutional authority is created by the Constitution of the State, is under an obligation to use the State flag, 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,” the petition states.
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 High Court will hear the petition only if it is approved by the Chief Justice as a PIL.
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