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UP HC want govt to ensure that Madrassas hoist Indian flag: Justice Katju says Judges should know their limits

September 2, 2015 | By

Allahabad, UP: The Allahabad High Court has directed the Uttar Pradesh (UP) government to ensure that India’s tri-colour flag is hoisted at Muslim Madrassas across the state on August 15 (India’s Independence Day) and January 26 (Republic Day).

A bench comprising Chief Justice D Y Chandrachud and Justice Yashwant Verma passed the order yesterday, directing the state government to “issue necessary directions in this regard”.

The order came on a Public Interest Litigation (PIL) filed by one Arun Gaur, a resident of Aligarh, who wanted directions issued to ensure that flag hoisting ceremony was held at madrassas on August 15 and January 26 in the same manner as done at the offices of various bodies controlled or assisted by the government.

[File Photo]

[File Photo]

The court, while issuing the aforesaid directions, also asked the state government to file its counter-affidavit on the PIL and fixed September 22 as the next date of hearing.

Former supreme court judge and ex-chief of Press Council of India has criticised the decision.

“The Allahabad High Court order directing the national flag to be hoisted in all madarsas in U.P. on 15th August and 26th January, is like the Biblical ‘ peace of God, which passeth all understanding ‘ ( Phillipians 4:7 ).

If there was a law requiring this, judges can certainly enforce it. But where is that law ?

Judges should know their limits, and not behave like Emperors, as held by the Supreme Court in Divisional Manager, Aravali Golf Course vs. Chander Haas”, Justice Katju wrote on his blog.

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