By Raqib Hameed Naik, TwoCircles.net
Jammu: The Jammu and Kashmir High Court’s direction asking the state government to hoist the state flag on all official buildings and vehicles of constitutional authorities is likely to heat up the state’s political circle. Earlier this year, BJP had forced Mufti Mohammed Sayeed’s government to withdraw its order of hoisting the State flag of Jammu and Kashmir alongside the National Flag.
Despite court orders, the state BJP unit says it is in no mood to relent as its senior leader and J&K’s Deputy Chief Minister, Nirmal Singh has said no flag can be hoisted at “equal level to the national flag” thus making its stand clear that it won’t implement the court order.
“National flag would be respected and that is our endeavour. I have not talked in this regard with anybody and BJP has a stand. We should act accordingly. It is a decision of the High Court and it is legal matter. It shall be dealt legally,” Nirmal Singh told media persons.
Justice Hasnain Masoodi directed the state to adhere to and abide by the mandate and spirit of J&K Prevention of Insult to State Honour Act 1979, directed orders for restoration of circular No.13-GAD of 2015 dated 12th March 2015 which was issued by the ruling PDP while its coalition partner, BJP, had protested against it then and another circular was issued withdrawing the previous circular.
Justice Masoodi while giving reference of Supreme Court Judgment said, “Flag is symbol of struggle to achieve goals of freedom movement as also of values that form edifice of polity proposed to be created. It connects past with present and future. Flag while reminding us of struggle made by the people and their sacrifices also makes us aware of our aspirations,” as per the court Judgment.
Underscoring the importance of State flag, Court, the High Court said that Jammu and Kashmir is only State in the Union that has its own Flag adopted by its Constituent Assembly, and provided in its Constitution. “The State Flag is one of the attributes of Constitutional autonomy or limited or residual sovereignty – by whatever name we call it, enjoyed by the State of Jammu and Kashmir. The present discussion on plea raised is therefore, embedded in discourse on extent and scope of the autonomy or limited sovereignty available to the State.”
In March this year, the government of J&K government had issued a circular in response to the BJP’s refusal to hoist the State flag in their offices and on vehicles and within days it was withdrawn which was attributed to the pressure from the BJP.
“The draft of the circular was not approved by the Competent Authority before the issue of the same on 12th March, 2015 and as such stands withdrawn with immediate effect. Appropriate administrative action will be taken after enquiry into the circumstances leading to the issuing of this circular,” a government spokesperson had then said.
Importantly, having its own flag is among the one of special provisions enjoyed by J&K within the Indian Union. The J&K Constitution makes it mandatory to hoist the state flag alongside the Union flag at all times.
The J&K flag is a rectangular (3:2), deep red flag with three equidistant white vertical strips of equal width next to the staff and a white plough in the middle with the handle facing the stripes. The red field represents labour charged with a plough to represent agriculture and three white stripes represent the geographic regions of Jammu, Kashmir and Ladakh.