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Mufti Mohammad Sayeed government revokes order on state flag

Mufti Mohammad Sayeed-led government had to eat a humble pie on Friday when it had to withdraw the controversial state flag circular in less than 24 hours to avoid a showdown with BJP and others.

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Mufti Mohammad Sayeed-led government had to eat a humble pie on Friday when it had to withdraw the controversial state flag circular in less than 24 hours to avoid a showdown with BJP and others.

What does the controversial order say?
General administration department of Jammu and Kashmir on Thursday had issued a circular asking all the constitutional authorities to maintain the sanctity of the state flag at all costs as is being done to the national flag. "The flag shall always be hoisted jointly on the buildings, housing constitutional institutions and shall be used on the official cars of constitutional authorities," the circular issued by commissioner secretary of GAD, MA Bukhari had said. The directive had noted that non-hoisting (of state flag) along with the union flag amounts to insult to the flag as per the provisions of the Jammu and Kashmir Prevention of Insult to State Honours Act 1979.
Under the special status enshrined in article 370 of Indian constitution, Jammu and Kashmir is the only state which has a separate constitution, flag and penal code.

Why was the order withdrawn?
Twenty four hours on, Jammu and Kashmir government withdrew the circular and ordered an enquiry into the circumstances leading to its issuance. "The draft of the circular was not approved by the Competent Authority before issue of the same on March 12 and as such stands withdrawn with immediate effect.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," said an official spokesman
Elaborating, the spokesman noted that the state government was pursuing a court case in the J&K High Court wherein the petitioner has prayed for a direction that the Republic Day of state should be celebrated when the State Constitution was adopted and became enforceable. "It was also prayed that all the constitutional authorities be commanded to use the Flag of the State in all their official cars, offices and buildings with dignity and honor demonstrating the sanctity of the flag", he said. The spokesman added that the state government had not responded to the case and not filed a reply as desired by the Court.

Was there any political reason for revoking this order?
Sources said the withdrawal of the order was prompted by the friction in the coalition partners over the sensitive issue given BJP's stand on article 370 and separate flag for the restive Jammu and Kashmir. Insiders said some of the BJP leaders were not using the state flag on their official cars which had created heartburn with its alliance partner the PDP. "We are not in favour of separate state flag. We want that there should be only national flag because our nation is one. BJP version is clear that there should be eak nishan, eak vidan and eak pradhan. We do not need to say more than this. We want only national flag," Chander Prakash Ganga, J&K industries and commerce minister, told dna.

Had this order created any outrage?
The issue had snowballed into a major controversy with National Panthers Party questioning prime minister Narendra Modi to justify his party's support to PDP. "This is pity that J&K Constitution is superior to the Indian Constitution and J&K government is acting over and above President of India. Congress and NC have been exploiting the people in the name of Article 370. This is the tragedy Modi has fallen on the same line. Shall RSS ministers carry separate flag on their shoulders?" asked Bhim Singh, chief patron of NPP.

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