High Court issues notice to the govt
SRINAGAR: In a move that is bound to stir a new debate, the Jammu and Kashmir High Court has admitted a petition seeking directions to celebrate November 17 as the Republic Day of Jammu and Kashmir. Court has issued notices to the state government asking it to clear its position on the issue raised by a petitioner.
A Bench of Justice D.S. Thakur issued notices to the State of Jammu and Kashmir through its chief secretary and High Court through its registrar, chairman of legislative council and speaker of the legislative assembly, directing them to file response within four weeks.
Petitioner Abdul Qayoom Khan had pleaded before the court that constitutional authorities of the state be directed to use the state flag in their official cars and offices.
The petitioner said that due to 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 authorities including Governor, judges of the Hon’ble High Court, constitutes serious breach of the Constitution of Jammu and Kashmir,” 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 organise and celebrate November, 17, 1956, as the Republic Day of the state when the people of the state adopted, enacted and gave to themselves the constitution.
The petition has been filed on the basis that Jammu and Kashmir has a separate constitution, which was adopted by the Constituent Assembly on November 17, 1956.
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