IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18/07/2002
CORAM
THE HONOURABLE MR.JUSTICE R.JAYASIMHA BABU
AND
THE HONOURABLE MR.JUSTICE E.PADMANABHAN
W.P.No.No. 2573 of 1995
N.Paulvasanthakumar .. Petitioner
-vs-
1. The High Court,
Madras,
rep. by its Registrar,
Madras-104.
2. The Government of Tamil Nadu,
rep. by its Chief Secretary,
Fort St. George,
Madras-9.
3. The Government of India,
rep.by its Secretary,
Home Department,
Lok Nayak Bhavan,
New Delhi-3. ..Respondents
Petition filed under Article 226 of the Constitution of India praying
for the issue of writ of mandamus as stated therein.
For Petitioner : Mr.Ravichandrabaabu
For respondents : Mr.S.T.S.Murthy, Spl.GP.
:ORDER
(The order of the Court was made by R.JAYASIMHA BABU , J.)
The prayer in the writ
petition is for issue of a writ of mandamus to the Government of India as also
to the Government of Tamil Nadu to have national flags affixed on the cars of
the Hon’ble Judges of this High Court and to restrain them from giving any
impediment to the use of the national flag on the cars of the Hon’ble Judges
of this High Court.
2. When the matter was taken up for hearing, learned counsel for the
State Government placed before us the Flag Code of India, 2002 issued by the
Government of India, which took effect from the 26th of January 2002. That
Code, in Para 3.44 sets out the persons to whom the privilege of flying
national flag on motor cars is limited. It reads thus:-
“3.44 The privilege of flying the National flag on motor cars is
limited to the:-
(1) President;
(2) Vice-President;
(3) Governors and Lieutenant Governors;
(4) Heads of Indian Missions/Posts abroad in the countries to which
they are accredited;
(5) Prime Minister and other Cabinet Ministers;
Ministers of State and Deputy Ministers of the Union;
Chief Minister and other Cabinet Ministers of a State or Union
Territory;
Ministers of State and Deputy Ministers of a State or Union Territory;
(6) Speaker of the Loke Sabha; Deputy Chairman of the Rajya Sabha;
Deputy Speaker of the Lok Sabha; Chairmen of Legislative Councils in States
Speakers of Legislative Assemblies in States and Union territories.
Deputy Chairmen of legislative Councils in States;
Deputy Speakers of Legislative Assemblies in States and Union
territories;
(7) Chief Justice of India; Judges of Supreme Court; Chief Justice of
High Courts; Judges of High Courts.”
Therefore, the position as of today is that the privilege of flying the
national flag on motor cars is limited to persons holding the offices
mentioned in Clauses (1) to (7) of paragraph 3.44.
3. We may also notice here paragraph 3.45 of the same Flag Code,
which provides that the dignitaries mentioned in Clauses (5) to (7) of para
3.44 may fly the national flag on their motor cars whenever they consider it
necessary or advisable. It is, therefore, a matter of discretion of the
holders of the offices mentioned in Clauses (5) to (7) of paragraph 3.44.
4. Honourable Judges of this Court are thus entitled to fly the
national flag on their motor cars whenever they consider it necessary or
advisable.
5. The respondents being bound by the Flag Code they shall give full
effect to the same.
6. The writ petition is disposed off accordingly.
Copy to
1. The Registrar,
High Court,
Madras,
2. The Chief Secretary,
The Government of Tamil Nadu,
Fort St. George,
Madras-9.
3. The Secretary,
Home Department,
Government of India,
Lok Nayak Bhavan,
New Delhi-3.
dev/
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