( 1 ) BY this petition under Article 226 of the Constitution the petitioner has challenged the restriction contained in the Flag Code-India relating to flying of the National Flag by private citizens and seeks to have the same quashed being illegal and invalid with a further prayer restraining the respondents from interfering with his right to fly the National Flag on his premises in a respectful manner.

( 2 ) PETITIONER has done his M. B. A. from the U. S. A. and is presently working as a Joint Managing Director of Jindal Strips Limited, a public limited company incorporated under the Companies Act, 1956. Petitioner says he has been looking after the factory of this company at Raigard in Madhya Pradesh. He started flying the National Flag at his office premises. To his rude shock he was told by certain Government officials of the State of Madhya Pradesh that flying of the National Flag by an ordinary citizen was not permitted under the law and was an offence and that the petitioner was liable to be prosecuted for flying the National Flag on his premises. Petitioner says that there is no law prohibiting the flying of National Flag by private individuals and restrai