A larger bench of the Jammu and Kashmir high court on Friday stayed an earlier order of a single-judge bench allowing the state government to use both the tricolour as well as the state flag on official buildings and vehicles.
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After hearing arguments by a senior advocate in Jammu, a division bench of the high court stayed December 27 order passed by the single bench in which it had directed that state’s flag must be used on government property along with the tri-color.
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So, has today’s order sparked off a fresh debate over the constitutional status of Jammu and Kashmir, is it now nationalism versus the constitution?
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While the Opposition National Conference had welcomed Justice Masoodi’s order, the ruling People’s Democratic Party has been silent on the issue, apparently because it is in alliance with the BJP whose traditional demand is to scrap Article 370 which gives special powers to the state. “So long as J&K is a part of India, the two flags will continue to fly and we’ll take pride in it…Why is only J&K expected to respect the terms of accession while the rest of the country can disregard them with impunity”, Mr. Abdullah asked.
“The state flag was hoisted along side the national flag even when Prime Minister Narendra Modi attended the swearing-in ceremony” of Mufti Sayeed in Jammu in March past year, Beg said. We are certain the constitutional validity of the State Flag will be upheld by the Court of Law and we have no doubt in our minds that the J&K High Court is committed to upholding the Constitution in letter and spirit. Deputy Chief Minister and BJP leader Nirmal Singh had said earlier this week that no flag could be hoisted at an equal level to the national flag. In view of these facts, it is evident that the BJP is directly mounting a legal offensive to challenge the State’s Constitutional Autonomy and its attributes.
“Meanwhile, subject to objections, operation of impugned judgment shall stay”, the court said in the order.
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CPI(M) leader Muhammad Yousuf Tarigami said: “The silence of the PDP on such an important issue makes it clear that it is playing with the wishes and aspirations of the people of Kashmir”.
