“Unfortunately, the two divergent judgments by the J&K High Court on the state flag issue are akin to how the judiciary had messed up the beef issue earlier,” he said
Calling for utmost judicial restraint on sensitive matters, senior PDP leader and Member Parliament, Tariq Hameed Karra Sunday said the judges should, instead of unnecessarily meddling in sensitive issues, uphold the established precedent handed down by the constitution and the legislature on such issues.
In a statement, he said J&K’s special status including that of the state flag is unquestionable and beyond the adjudication of the judiciary as the same has been guaranteed by the Constitution of India and ratified by the Parliament and the State’s Constituent Assembly.
Expressing his dismay over the latest controversy fuelled by the judiciary over the issue of hoisting of the state flag, Karra said instead of reiterating the established constitutional pledge on the issue, the judiciary has triggered a superfluous controversy on a sensitive matter which is already settled in the Constitution and by the Parliament.
“Unfortunately, the two divergent judgments by the J&K High Court on the state flag issue are akin to how the judiciary had messed up the beef issue earlier,” he said and added that J&K’s special status is guaranteed and protected under the constitution and nobody, even the judiciary, can and should meddle in such sensitive matters and trigger unnecessary controversies on such issues especially in a sensitive state like J&K.
“The recent contradictory High Court orders on state flag are a case in point where the judiciary should have taken a principled stand to leave the matter to the constitution instead of trying to fish in the troubled waters on a sensitive issue,” Karra said and added that instead of resorting to judicial activism, the judges should exercise judicial restraint, especially on such delicate matters which have far-reaching implications.