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Retired officer files PIL; seeks Separate Republic Day for J&K
12/11/2013 9:46:04 PM
S Sabaqat

Srinagar, Dec 11: A Public Interest Litigation has been filed in J&K High Court seeking directions to unfurl and hoist State flag on all buildings required under law.
The PIL filed by a retired forest officer, Abdul Qayoom Khan also seeking High Court direction to all the constitutional authorities to celebrate Republic Day of the State on November 17 when it adopted the Constitution of the State with dignity and honor demonstrating the sanctity of the State flag. The Constituent Assembly adopted a Resolution moved by Mir Qasim that it shall stand dissolved from 26 January 1957. The President of the Constituent Assembly formally declared its dissolution pursuant to the resolution of 17 November.
In his petition filed through senior lawyer Zaffar Shah, Khan says 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.
"By not caring to unfurl and hoist the State Flag by the constitutional authorities, (my) feelings are hurt apart from the fact that it constitutes serious breach of the provisions of law," Khan said, adding, "The oath to which constitutional authorities have to subscribe also provide that the constitutional authorities shall bear true faith and elegance to the Constitution of the state." He also submitted that until now, the state flag is not hoisted on the High Court buildings nor on the official vehicles used by the constitutional authorities. Referring to the Supreme Court observation with regard to National Flag used by the Union of India and similar views equally hold true for the flag of the State. "What Indian Flag means to the people of India, the State Flag means the same thing to the people of the state."
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