Division bench of the Jammu and Kashmir high court had stayed the single judge bench order of Justice Hasnain Masoodi calling for hoisting state flag alongside the tricolour in the restive state.
In his death Mufti Mohammad Sayeed replied to the debate over the state flag!
When Mufti's coffin landed in Srinagar, it was draped in two flags –tricolour and the state flag—unlike other states. The state flag on Mufti's coffin presented a unique sight in the backdrop of recent court battle over the use of Jammu and Kashmir flag.
Division bench of the Jammu and Kashmir high court had stayed the single judge bench order of Justice Hasnain Masoodi calling for hoisting state flag alongside the tricolour in the restive state.
Last month, Justice Masoodi had directed hoisting of state flag on the "buildings housing offices of Constitutional Authorities and on the vehicles used by such authorities" and adhere to and abide by the mandate and spirit of Section 144, Constitution of Jammu and Kashmir, J&K Prevention of Insult to State Honour Act, 1979.
Later hearing Letter Patents Appeal (LPA) of BJP leader Farooq Khan, a two judge bench of Justice BL Bhat and Justice Tashi Rabstan stayed the order of Justice Masoodi who attained superannuation last week.
Leaders paid homage to the departed leader by laying floral wreath on the coffin which was draped in two flags both equally distributed, signifying their importance in Jammu and Kashmir. Even union home minister Rajnath Singh paid homage while standing before the coffin with two flags.
"This is perfectly in accordance with the constitution and as per law. Normally flags are used on coffins. But the two flags have two different significances. One represents state's sovereignty other national sovereignty. Draping flag with state and national flag is a reality and according to the constitution of Jammu and Kashmir," Abdul Qayoom Khan, former Indian Forest Service officer, the original petitioner in the flag case, told dna.
Under the article 144 of J&K constitution the flag of the state should be rectangular in shape and red in colour with three equidistant white vertical strips of equal width next to the staff and a white plough in the middle with handle facing the strips.
Under the special status enshrined in Indian constitution under article 370, Jammu and Kashmir is the only state which has a separate constitution, flag and penal code. "I have read in the media Mehbooba Mufti will take oath as chief minister. She will be taking the oath under state constitution," said Khan.
Special status
Under the special status enshrined in Indian constitution under article 370, Jammu and Kashmir is the only state which has a separate constitution, flag and penal code. Under the article 144 of J&K constitution the flag of the state should be rectangular in shape and red in colour with three equidistant white vertical strips of equal width next to the staff and a white plough in the middle with handle facing the strips
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