- (1.) In this case the question involved is whether Hon'ble Judges of this Court are entitled to use the National Flag on their vehicles.
(2.) On 15-3-1993 we passed the following order. "The members of the Bar of this Court have brought to the notice of this court the Flag Code as well as the Warrant of Precedence issued by the Government of India and by the State of Uttar Pradesh, and they pointed out that in the Flag Code the Ministers and the Deputy Ministers of the State are under item 5 to clause 10.4 and are provided the facility of using National Flag on their vehicles. The status of the Puisne Judges of the High Court, as per admitted position of the Government of India under Warrant of precedence is at par with the State Ministers in their Status, which is provided at item No. 20 of the Warrant of Precedence dated 10-3-73. Further, outside the area of their jurisdiction the position of the Puisne Judges of the High Court is equivalent and akin to the State Ministers of the State which position is stated at item No. 22. The position of the Chief Secretary in the Warrant of precedence is subsequent to the Judges and is at serial No. 25. The position of the Puisne Judges in the Warrant of Precedence - (Subsidiary) - issued by the State Government under notification No. 5333 / III-72(1)-73 dated 30/09/1978 is placed at serial No. 19 in which category the Deputy Chairman, Vidhan Parishad and the State Ministers are placed subsequent to the Puisne Judges though in the same column and category. The position of the Deputy Ministers is at item No. 20 which comes subsequent to the Puisne Judges and the State Ministers. The position of the Chief Secretary is at serial No. 24. Apart from this the Advocate General is also included in the Warrant of Precedence who has been at serial No. 26. It would be worthwhile to notice that in the Flag Code, paragraph 10.4 item No. 5 even the Deputy Ministers of the State are entitled for using the National Flag on their Cars. From what has been stated above, prima facie, we are of the opinion that it is a case which requires consideration by this Court and accordingly we direct the Registrar of this Court for registering this petition as a petition under the suo motu exercise of power under Article 226 of the Constitution of India. We consider it appropriate to issue notice to the Central Government and to the State Government for consideration of the matter regarding whether the Puisne Judges of the High Court can be allowed to be kept outside the arena of the Flag Code and whether they are entitled to carry the National Flag on their cars. Let the notices be served on the Senior Standing Counsel of Union Government, and the Chief Standing Counsel for the State of U.P. who is present in the court and he has accepted the notice on behalf of the State of U.P. He prays for and is granted one month's time for filing an affidavit dealing with the matter. The Senior Standing Counsel of the Central Government is also allowed one month's time for filing the affidavit and the relevant materials in this connection. Apart from Registry of this Court, Shri Babu Ram Tripathi, learned Chief Standing Counsel of the State of U.P. shall inform about this order to the Senior Standing Counsel of the Central Government. The notices be served at the Court's expense. Let the petition be listed before us on 19/04/1993."
(3.) In pursuance of this order counter affidavits have been filed by both State and Central Governments, and we have heard learned Chief Standing Counsel of the State Government and learned Senior Standing Counsel of the Central Government. We have also perused the Flag Code issued by the Central Government, Ministry of Home Affairs, which has been annexed to the counter affidavit of the Central Government.;