LAWS(J&K)-2016-3-70

JAGDEV SINGH Vs. UNION OF INDIA AND ORS.

Decided On March 31, 2016
JAGDEV SINGH Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) Mr. Aseem Sawhney, Dy. AG takes notice on behalf of respondent nos. 2 and 3. As no positive directions could be issued notice to respondent No. 1 is not required at this stage.

(2.) This writ petition is filed praying for issuance of writ of mandamus directing the respondents to identify all important public buildings and display the National Flag of India with honour and dignity. The grievance of the petitioner is that pursuant to Para 3.39 of Sec. VIII Part III of the Flag Code of India, 2002, no National Flag has been displayed on the following buildings:-

(3.) According to the petitioner, he is associated with social activities and being a public and social spirited person is always at the forefront to fight public cause for social service and espousing legitimate cause of others without any personal gain, private profit, political motive or an oblique consideration. It is further contended that the petitioner is obliged to perform one of his fundamental duties to respect the National Flag of India (tri-colour) as enshrined in Art. 51-A of the Constitution of India and has sought for the indulgence of this Court by means of the present petition. The petition is a public interest petition to propagate the pride, honour and dignity of the National Flag in particular as over the last six decades several people including members of the Armed forces have ungrudgingly laid down their lives to keep it flying in its full glory. The petitioner has no personal interest in this petition, which is (i) against those who have a statutory duty to display the National Flag on important Public buildings; and (ii) for the advantage and encouragement of the Country.