Vinod Kumar [ P. I. L. ] v. Union of India Thru Secy. Parliamentary Affairs N. Delhi
2015-11-04
D.Y.CHANDRACHUD, NARAYAN SHUKLA
body2015
DigiLaw.ai
JUDGMENT At the outset, the learned Assistant Solicitor General has raised a preliminary objection to the maintainability of the writ petition, relying upon the provisions of Article 361 of the Constitution and the observations contained in paragraph 4 of the decision of the Supreme Court in V.K. Naswa vs. Home Secretary, Union of India and Ors. Moreover, it has been urged that a petition of this nature cannot be maintained by merely impleading the Principal Secretary to the Governor as a party respondent. 2. The learned counsel appearing on behalf of the petitioner states that the purpose of the petition is to ensure the formulation of guidelines by the State Government to promote due respect for the National Flag and National Anthem in a manner consistent with the provisions of the Prevention of Insults to National Honour Act, 1971. Hence during the course of the hearing, it has been stated by the learned counsel for the petitioner that prayer (i) is not pressed. Insofar as prayer (ii) is concerned, the learned counsel appearing for the petitioner states that the petitioner would move the State Government so that appropriate guidelines can be formulated in terms of Government Orders to ensure that the provisions of the Act which have been enacted by Parliament are duly observed in a proper manner. 3. The petitioner in his capacity as a citizen would be at liberty to pursue the State Government at an appropriate level for the formulation of guidelines, if at all any such guidelines are necessary having regard to the legislation and orders which already hold the field. 4. No other point is pressed. 5. The petition is, accordingly, disposed of. There shall be no order as to costs. ……………….