‘HC directive reiteration of govt’s old practice’
The Peoples Democratic Party (PDP) today put its ruling alliance partner BJP in a spot by describing the controversy over the use of the state flag on the vehicles of constitutional authorities and government buildings as a “non-issue”.
It said that everybody was “bound to respect and honour” the state flag and the High Court’s judgment was a “reiteration of the government’s earlier practice of upholding the sanctity and honour” of the state flag.
The PDP’s stance on the issue is likely to put the BJP in trouble at the state and the national level as the saffron party has been traditionally seeking repeal of the J&K Constitution and its slogan “Do Nishaan, Do Samvidhaan (two symbols, two constitutions)” is part of its ideological agenda.
Interestingly, every minister of the party, which had formed its first-ever coalition government in J&K after stitching an alliance with the PDP in March this year, took oath bearing true faith and allegiance to the Constitution of the state.
Yesterday, the High Court had asked all constitutional authorities in J&K to hoist the state flag on their vehicles and buildings as mandated under Section 44 of the J&K Constitution — a judgement viewed as “reassertion of J&K’s lost autonomy”.
“This (state flag) is not an issue (for the government). Everybody in Jammu and Kashmir gives due respect and honour to the state flag and the High Court’s judgment was reiteration of the government’s old practice of upholding the sanctity and respect of the state flag,” Naeem Akhtar, the government spokesperson and Minister for Education who belongs to the PDP, told.
On March 12, the General Administration Department (GAD), held by Chief Minister Mufti Mohammad Sayeed, had issued a circular making it mandatory for all constitutional authorities to use the state flag on their vehicles. Following the BJP’s opposition to the government move, the order was withdrawn on March 13. The official spokesperson while withdrawing the circular had said “the draft of the circular was not approved by the competent authority”.
“All the constitutional authorities are enjoined upon to maintain the sanctity of the state flag, at all costs, as is being done in respect of the Union Flag. The flag shall always be hoisted jointly on the buildings housing constitutional institutions and shall be used on the official cars of constitutional authorities. Any deviation in this regard shall amount to insult to the Jammu and Kashmir Prevention of Insult to State Honors Act, 1979”, the circular had said.
Asked why the state government had withdrawn its circular on March 13, Akhtar said, “It was deliberated that it was not necessary because the practice (to uphold the sanctity and position of the state flag) was already in place”.
He, however, refused to comment on whether the state government would challenge the High Court’s verdict wherein it had questioned the Sixth Amendment, also called The Constitution of Jammu and Kashmir (Sixth Amendment) Act 1965, which replaced “Sadr-i-Riyasat” by the Governor, by observing that the “elective status of the head of the state was an important attribute of the constitutional autonomy enjoyed by the state”, and a part of the “basic framework” of the state Constitution.
On the other side, the BJP kept its cards close to its chest as state chief of the party Sat Sharma said that the party leadership would sit together, deliberate upon the issue and take a collective decision thereafter.
Meanwhile, Mohammad Ashraf Mir, Secretary, Law Department, said they were yet to receive the copy of the judgment and a decision (whether to challenge the High Court’s verdict) would be taken only after examining the contents of the judgment.
