HC refuses to transfer flag case to Srinagar

HC refuses to transfer flag case to Srinagar

Jammu: The high court on Friday rejected plea to transfer to Srinagar the appeal filed by BJP’s national secretary, Farooq Ahmad Khan, against its single bench ruling, reaffirming equal sanctity of the state flag and the tricolour in the state.
The plea for transferring the case was filed by Abdul Qayoom, a retired officer on whose plea the single bench had ordered parity of the state flag and tricolor.
Hearing Qayoom’s plea, a bench of Chief Justice N Paul Vasanthakumar observed that it would prejudice the right of the appellant—Farooq Ahmad Khan.
In the transfer application, Qayoom stated that the initial petition having been filed at Srinagar Wing of the High Court and that he being resident of Srinagar, the LPA (Letter Patents Appeal) requires be transferring and hearing at Srinagar Wing of the High Court.
Qayoom said that it would not be in a position to contest the matter in Jammu Wing and it would be practically impossible to get proper legal assistance in the matter. He appeared in person before the Court for filing transfer application and has also argued the matter.
“The averments that the appeal may not be heard at Jammu when the atmosphere is charged have no basis as no material is placed before this Court and the apprehension is imaginary,” the bench said. Further, the court said, if Qayoom requires assistance of a lawyer, he will get in Jammu.
“The appeal is filed by the appellant (Farooq Ahmad Khan) who is resident of Jammu. If the (Qayoom’s) plea is accepted, it would prejudice the right of the appellant,” the court said and observed that the appeal having been already allowed to be filed at Jammu and entertained by the Division Bench at Jammu Wing, Qayoom can very well argue it before the Jammu Wing of the High Court.
Last month, a division bench of Justice Tashi Rabstan and Bansi Lal Bhat issued a notice to government and Qayoom, seeking their reply within four weeks to the LPA as well as an application seeking permission to file the plea against the single bench’s December 18 judgment. The judgment called for maintaining the state flag sanctity as well as questioned the state legislatures powers to replace Sadr-i-Riysat (elective Head of The state) with the government in 1965 through sixth constitutional amendment.

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