Mufti Sayeed's casket draped in both Tricolour and J&K state flag

Srinagar: The casket of Jammu and Kashmir Chief Minister, Mufti Muhammad Sayeed, was draped in both Tricolour and the State’s own flag as it arrived at his official resident ‘Fairview’ here from the Srinagar airport.

Earlier the Chief Minister’s mortal remains were flown into Srinagar from Delhi where he died at the All India Institute of Medical Sciences in the morning after being treated for a lung infection for two weeks.

J&K’s state flag was in the news recently after a larger bench of the high court 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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J&K’s flag consists of a deep red field, representing labour, charged with a plough to represent agriculture. It also has three white stripes on the hoist side representing the three geographic regions of the State: Jammu, the Kashmir Valley and Ladakh. It was made the official flag of the State on June 7, 1952 through a resolution passed by the Constituent Assembly of Jammu and Kashmir. As per the Delhi Agreement of 1952 between then Prime Minister Pandit Jawaharlal Nehru and J&K Prime Minister Sheikh Muhammad Abdullah, the tricolour has the same status in Jammu and Kashmir as in the rest of India.

Though the Constitution of Jammu and Kashmir makes it mandatory to hoist the State flag alongside the national flag in all times, the newly appointed ministers from the BJP in the State’s coalition government in March last year refused to hoist the State flag on their official cars saying they cannot have any other flag on their vehicles besides the tricolour.

The government led by PDP patron Mufti Muhammad Sayeed then issued a circular making it compulsory to hoist the state flag along with the national flag, stating that "The state flag has the same sanctity and position as the Union flag has under the Indian Constitution and other statutory provisions." However, within twenty hours, the State’s GAD department withdrew this circular.

On December 26, Justice Hasnain Massodi had directed the state government to hoist the state flag, along with the national flag. The judgement had while restoring the state government’s circular issued in March last year that enjoined upon all constitutional authorities to hoist state flags on buildings housing their offices and their official vehicles said, "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."

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Justice Massodi had in his judgement directed the respondents and all constitutional authorities to adhere to and abide by mandate and spirit of Section 144 of the Constitution of Jammu and Kashmir, J&K Prevention of Insult to State Honour Act, 1979 and Circular No.13 issued by the state’s General Administration Department on March 12, 2015.  “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 court had said.

The court had also said, “It is pertinent to point out that while Constitution of India does not have specific provision, providing for National Flag, except Article 51A (a) of the Constitution that includes duty to respect National Flag amongst fundamental duties of every citizen of India, the Constitution of Jammu and Kashmir has a specific provision—Section 144 that provides for State Flag.” The judgement further said, “Once Section 144, Constitution of Jammu and Kashmir provides for “Flag of the State”, it by implication casts duty on Constitutional authorities and other State functionaries, representing different wings of the State, to show respect to the State Flag it deserves, as a symbol of the State.”

However, Jammu and Kashmir deputy chief minister and BJP leader Dr. Nirmal Singh had publicly questioned the use of the State flag. He had said earlier this week that no flag could be hoisted at an equal level to the national flag and said the matter will be dealt legally.

Last week, a division bench of the J&K high court comprising Justice Bansi Lal Bhat and Justice Tashi Rabstan stayed the order of Justice Massodi. Justice Massodi's judgment was challenged by a former Inspector General of Police and BJP leader Farooq Khan through a Letter Patents Appeal (LPA). 

Following the larger bench’s putting the earlier order of the high court on hold, former Chief Minister and Opposition National Conference (NC) president Omar Abdullah took to social networking site Twitter.com to say, “Here's what I'll say - so long as J&K is a part of India the two flags will continue to fly & we'll take pride in it.” In another tweet, he said, “If Mufti Syeed can't defend the state's dignity & flag from the nefarious plans of his allies he should step down & find someone who can!!!”

Mr. Abdullah responding to criticism his tweet evoked from some of his followers said the campaign against the practice of hoisting J&K’s own flag atop government buildings and on official vehicles was based on wilful ignorance and propaganda. “I'd rather a tirade based on facts than a campaign based on wilful ignorance & propaganda. Having a state flag accepted & recognised by the Constitutions of India & J&K is NOT Azadi. Jeez!!!!”

Soon Jammu and Kashmir government asserted that hoisting of the state flag alongside the national flag is provided in the constitution of the state and, therefore, no one should try to make an issue out of it nor should there be any controversy over it. The chief spokesman of the PDP-BJP government Naeem Akhtar who is also the state’s education minister had said that some people are creating instability in the state over the state flag. “Double bench has stayed another order of the court. It (hoisting state flag) is in constitutional scheme. Till it is in the constitution, nobody can stop it. Everybody has been using it and paying respect to this (state flag),” he had said.

He also said, “It is not that the court has said not to use this (state flag). Some people who are interested in creating confusion and an idea of instability use these court orders to gain political points.” Mr. Akhtar saw no controversy whatsoever in it. “We have been using the flag and we will continue to us it. National flag has its supreme place and the state flag is also guaranteed in the constitution as well. So, there is no contradiction on it,” he said.