J&K HC flags down govt order
Tricolour, state flag won’t fly together on official buildings, vehicles
JAMMU: The Jammu & Kashmir high court on Friday stayed the order of a single bench that directed the state government to hoist the state flag on official buildings and put it up on flagpoles of vehicles carrying constitutional authorities.
The stay order by a two-judge division bench effectively cancelled any obligation to hoist the red, rectangular state standard alongside the national flag, as mandated by a court directive on December 27 following a state government circular in March 2015 to that effect. The order came after former top cop and BJP national secretary Farooq Khan challenged the court’s December ruling, upholding the government circular that was withdrawn in the wake of widespread protests by the BJP and Panther’s Party, which has a sizeable presence in the Jammu region.
The development triggered a political storm with former chief minister Omar Abdullah attacking his successor, Mufti Mohammed Sayeed of the Peoples Democratic Party, saying he should step down and find someone who can defend the state’s dignity and flag from “nefarious” plans of coalition partner BJP. The BJP has been pushing an “ek vidhan, ek nishan, ek pradhan” (one Constitution, one flag, one leader) formula for the state.
The division bench of Justices BL Bhat and Tashi Rabstan heard Khan’s petition that argued the Tricolour is supreme, a symbol of sovereignty, and it can’t be treated on a par with the state flag. Lawyer and state unit BJP spokesperson Sunil Sethi argued the case for Khan. The next hearing will be after the court vacation.
The court earlier ruled that Article 370 of the Constitution, which gives special status to J&K, cannot be repealed or abrogated and called for hoisting of the state flag on all government buildings and vehicles alongside the Tricolour. It said anybody going against the stated constitutional position on the state flag would invite action under law.
Protests erupted in Jammu after the Panther’s Party took to the streets, demanding answers from the BJP over the judgment.
Khan’s petition said the court’s previous direction to treat both flags equally was tantamount to creating a nation within a nation, which is unconstitutional. It is the second time a state court has strained relations between the two allies. In 2015, the Jammu wing of the court directed the state government to ban the sale of beef in accordance with provisions in the Ranbir Penal Code, a criminal code applicable only in J&K. The court stayed the order.