P L D 2021 Lahore 802 (PLP)

ALI BAQAR NAJAFI, J.

Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 petitioner has made the following prayer:- "In view of the submissions made above, it is therefore, most respectfully prayed that the instant writ petition may kindly be accepted and the respondents may graciously be directed to prohibit the printing of the different colour National Flag except original colour, printing of different shapes portraits, cartoons on the National Flag and any disgraceful printing on the legs of trousers etc. and any other disgraceful printing or acts towards that dignity of the National Flag may also kindly be directed to be prohibited, in the interest of justice, equity, and fair play.

2. Arguments heard. File perused.

3. After hearing the learned counsel for the petitioner, learned Deputy Attorney General as well as Learned Assistant Advocate-General and perusing the file, it is straightway observed that earlier petition (Writ Petition No. 15672 of 2009) filed by the petitioner was dismissed being infructuous vide order dated 17.03.2010. It is now after about 7 years that the petitioner has filed the instant petition almost on the same grounds taken in the earlier petition. The instant writ petition came up for hearing for the first time on 10.08.2017 and a direction was issued to respondents whereafter it was adjourned to 21.09.2017.

4. Importantly, our flag of a crescent and star (Parcham-E-Sitar-O-Hilal), like other national flags of any nation, has a unique importance for it symbolizes our history, present as well as the national policy. It traces its roots from the battles in the initial days of Islam when Parcham-e-Islam was bestowed by the Holy Prophet (P.B.U.H) to Hazrat Ali (A.S) on the occasion of Badar, Khandaq and Ohad, is still being held high in the memory of Parcham-e-Abbas (A.S.) as a sign of Bravery. Our Parcham stands for freedom, liberty and equality for those who owe allegiance to it. It protects the legitimate rights of every citizen and up hold the integrity of the State of Pakistan. It is a mark that helps in maintaining peace throughout the world. It represents a State which has no special privileges or special rights for any particular community or interest but a State where citizens will have equal rights and equal opportunities and their share in privileges will be proportionate to their corresponding responsibilities. Our Pacham is not merely a piece of cloth. The white and dark green field represents peace and prosperity, the crescent on the flag progress and the five-rayed star signifies light and knowledge which symbolizes the Five Most Holy Personalities (Panjtan-e-Pak A.S.). Of course, the religious minorities of Pakistan have significant place in the flag duly acknowledged in the white colour.

5. As to the specification, the Pakistani Flag is a dark green, rectangular flag in the proportion of 3 x 2 with a white vertical bar, showing white crescent in the center and a five-pointed heraldic star. The size of the white portion is 1/4th size of the flag. Since the mast, the remainder is 3/4th being dark green. The dimensions of the five-pointed white heraldic star are determined by drawing a circle with radius equal to 1/10th of the width of the flag. Our flag is designed by Syed Amir-U-Din Kadwai and was stitched by Master Afzal Hussain. Today it is always held by the most pious and brave person who can protect it.

6. The flag should be flown in a way with the star on the flag never to appear below the crescent. The specification of the flag is given as under:-

7. The flag should be like:-

8. Our highest esteem for the Parcham is visible from two important occasions; i.e. when in the month of August, 2004 a 173,400 sq.ft. Parcham was unfurled at the National Stadium Karachi and then on 22nd October, 2012, 24,200 people gathered in a stadium at Lahore to form the Parcham and set a new world record of world's largest national flag comprised of humans, certified by the Guinness World Records. And then on 15th February, 2014, total 29040 people gathered again in Lahore Stadium and got improved their own record of largest flag comprised of human beings.

9. According to the National Flag Protocols prescribed officially, it must not touch the ground, shoes or feet or anything unclean and must not be flown in the darkness and must not be marked with anything (including words, numerals or images) and when raised or lowered it must be saluted by all in uniform and the others must stand in attention. It must not fly or be displayed upside down or with a crescent and star facing left. It must not be displayed where it is likely to get dirty. It must not be set on fire or trampled upon. It must not be buried or lowered into a grave. In the Pakistan Penal Code, 1860 section 123-B defines the defilement of the national flag an offence punishable with 3 years' imprisonment. Obviously, the printing of flags in different colours, on distorted shaped portraits, in ugly cartoons, its disgraceful imprint on cloths undermining the national dignity may be considered defilement.

10. In this view of the matter, this writ petition is disposed of in the above terms. MH/S-63/L Order accordingly.