Mufti govt’s circular is the basis of HC judgment on state flag hoisting


Jammu, December 28: The court on Saturday passed a judgment asking all constitutional authorities to hoist the flag on their vehicles and buildings. The sources have said that the basis of the judgment is the controversial circular passed by PDP-BJP government followed by its decision to file an affidavit in court.

While withdrawing the circular on March 13 this year, the official spokesperson had said that the state government intended to file an affidavit in court, contesting all pleas made by the petitioner in order to avoid any adverse effect in a sensitive constitutional matter.

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In the affidavit, state government will issue a circular reiterating the respect that is to be accorded to the national and state flag, taking recourse to the J&K Prevention of Insult to the State Honour Act, 1979, in the latter case.

It is pertinent to mention here that the General Administration Department (GAD), held by Chief Minister Mufti Mohammad issued a circular on March 12 making it mandatory for all constitutional authorities to use the state flag on their vehicles which was withdrawn the very next day. Reason being the public outcry and opposition from the BJP. The official spokesperson informed that the draft of withdrawing circular was not approved by the competent authority.

The circular issued on March 12 by GAD had stated , “As per the Constitution of Jammu and Kashmir and the Delhi Agreement of 1952 and keeping in view the historical background, the state flag has the same sanctity and position as the national flag has under the Indian Constitution and other statutory provisions. Therefore, this sanctity and position has to be maintained at all costs.”