SRINAGAR: Reiterating that Jammu and Kashmir enjoins a special position in India and that Article 370 is permanent and cant be abrogated, repealed or amended, J&K High court order has directed the state government to hoist the state flag on all official buildings and vehicles of constitutional authorities.
Justice Hasnain Masoodi observed in his judgment that the state flag is one of the attributes of constitutional autonomy or limited or residual sovereignty by whatever names we call it enjoined by the state of Jammu and Kashmir.
The State Government and all constitutional authorities shall adhere to and abide by mandate and spirit of Section 144, Constitution of Jammu and Kashmir, J&K Prevention of Insult to State Honour Act 1979, Justice Masoodi directed while disposing a writ petition filed by a civilian Abdul Qayoom Khan.
Such adherence, obviously, is to include hoisting of state flag on the buildings housing offices of constitutional authorities and on vehicles used by such authorities.
The judgment is a setback to Mufti Sayeed-led PDP-BJP coalition government that had withdrawn a circular asking the constitutional authorities to respect the state flag and hoist it on their official cars.
Meanwhile National Conference while welcoming the observations of the High Court said that the genesis of the political turmoil in the State lies in the erosion of the States special status and internal autonomy that was guaranteed to the State in a negotiated accession.
NC Spokesperson in a party statement said, National Conferences political struggle seeking restoration of Internal Autonomy as a viable solution of the Kashmir Issue stands vindicated yet again through the observations of the Hon able High Court.
Not only was the conversion of Sadar-e-Riyasat into Governor a move that violated the constitutional sanctity of the States special status but so was the illegitimate, unconstitutional deposition of Sher-e-Kashmir Sheikh Muhammad Abdullah as a popular, elected Prime Minister. Sheikh Muhammad Abdullahs replacement by pliant rulers and regimes not only violated the terms of J&Ks constitutional arrangement with the rest of the country but also manifested itself as turmoil and discontent at various phases of our history. Our party has demanded the restoration of Internal Autonomy as a stated, official stand with consistence and commitment and we will continue to do so, NC Spokesperson said.
Incidentally of all the pliant characters who played a pivotal role in the erosion of Article 370 and the States special status, our present Chief Minister Mufti Mohammad Sayeed played a special role and was part of almost every single constitutional intrigue against J&K and its people. While Sher-e-Kashmir Sheikh Mohammad Abdullah spent more than two decades of his life in prison for his valiant struggle against tyranny and these constitutional intrigues against the State, there were rulers, regimes and politicians who sold their conscience to the highest bidders to enjoy the spoils of power. In doing so they eroded the States special status and bartered away the dignity of our people for portfolios and power, the NC Spokesperson said.
The NC Spokesperson also welcomed the Hon able High Courts directives to the State Government to hoist the State flag on all official buildings and vehicles of the constitutional authorities and said this should bring a stop to violations by Cabinet Ministers who refuse to hoist the State Flag on their official vehicles.
While the State Government was backed into fear of abandonment by its alliance partner into revoking the circular on the State Flag, the High Courts directives have come as a ray of hope. It has become a routine affair that various Cabinet Ministers do not allow the hoisting of the State Flag on their official vehicles and the High Court should take cognizance of these incidents and this directive should also serve as a note of caution to one and all, the NC Spokesperson further added.
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