The main legal principle established in the judgment is the duty to respect and maintain the sanctity of the State Flag as mandated under Section 144, Constitution of Jammu and Kashmir read with J&K Prevention of Insult to State Honours Act, 1979.

Hasnain Massodi, J.

1. Flag is not a mere piece of cloth of a shape, design and colour. It reflects pain and agony suffered by people to realise the dream of freedom. It's every strand is soaked in the blood of martyrs, tears of thousand who join their funeral procession and all those left behind without a source of sustenance. The wails of millions crushed under wheels of oppression, run through weft and warp of the Flag. Flag also depicts hope for a better future and resolve of masses to build a new polity based on values and ideals close to their heart. It is symbol of unity amongst different sections of population. It binds people and blends past with future.

2. Flag is in use with different shapes, colours and designs to serve different purposes, from 3rd millennium B.C. Initially used as a general tool of signalling and identification, it served as a heraldic device in middle ages. The upswing in sea trade brought out importance of flag. Its use on ships was made compulsory to indicate their nationality. With the advent of time, flag assumed the status of a symbol of national aspirations and dreams and to mirror past, present and future. Netherlands was probably the first country to have a flag in ninth century A.D. with the features of a National Flag followed by Denmark that adopted national flag in fifteenth century (1478 AD). Such is the importance of Flag that nations around globe on attaining freedom have all along entrusted duty to decide on the flag, not to a statutory body or even legislature, but to the Constituent Assembly, convened to frame the Constitution. The decision on Flag is treated, as important a task, as deciding on fundamentals of the Constitution.

3. This explains why the decision on National Flag was left to Constituent Assembly of India. The Constituent Assembly realizing importance of National Flag, constituted an ad-hoc committee headed by Dr. Rajinder Prasad, with Abdul Kalam Azad, K.M. Panikar, Sarojni Naidu, C. Rajagopalachari, K.M. Munshi and Dr. B.R. Ambedkar as its members, to design Flag for free India. The committee made its recommendations, after thorough discussion and the Constituent Assembly adopted tri-colour as National Flag on 22nd July 1947. Constituent Assembly of Jammu & Kashmir State like Constituent Assembly of India also took upon itself important task to decide on the State Flag and after threadbare discussion passed resolution moved by Leader of the House in this regard on 7th June 1952 and adopted the State Flag. The decision taken finds place in Section 144 , CONSTITUTION OF JAMMU AND KASHMIR .

4. The Parliament enacted the Emblem and Names (Prevention of Improper Use) Act, 1950, and Prevention of Insult to National Honour Act, 1971. Both Acts are aimed at preventing dishonour to the National Flag. The Central Government also notified Flag Code of India, which though without Statutory flavour, is nonetheless to be abided by to show respect to the National Flag. Both the Acts are extended to State of Jammu and Kashmir. The State Legislature followed same course and enacted J&K Prevention of Insult to State Honours Act, 1979. The Act, like Central Acts, is aimed at maintaining sanctity of and preventing insult to the Flag of the State. It declares "bringing into contempt" Flag of the State, whether by words either spoken or written or acts, an offence punishable with imprisonment or with fine.

5. Petitioner aggrieved that the State Flag was not being hoisted on the buildings housing offices of Constitutional authorities and on the official cars used by such authorities in compliance of Executive instructions, filed writ petition, being OWP No. 1811/2013. His grievance was that failure to hoist the Flag amounted to contempt of the 'Flag of the State' and breach of law, and intervention was warranted to ensure that honour and sanctity of the State Flag was maintained. He was also aggrieved that State Government was not celebrating the day, the Constituent Assembly of