A division bench of Jammu and Kashmir high court on Friday stayed a single bench order directing the state government to hoist the state flag on official buildings and vehicles of constitutional authorities along with the National Flag.
Staying the single bench order, Justices Tashi Rabstan and Bansi Lal Bhat issued notices to the relevant parties returnable within four weeks after which the bench will hear the arguments on the case.
The stay order of division bench came after a petition was moved by National Secretary of the Bharatiya Janata Party Farooq Khan challenging the single bench order passed by Justice Hasnain Masoodi upholding a government circular which asked all constitutional authorities to hoist the state flag with national flag atop their official buildings and vehicles.
Khan, an IPS officer and former Inspector General of Police, had contended that no flag could have the same place as that of the national tri-colour.
After hearing the arguments, the division bench issued "notices returnable within a period of four weeks and notice in the MP (Memorandum of Parties) also returnable within the same period and Called for the writ record.
"Meanwhile, subject to objections, operation of impugned judgment shall stay," the court said in the order.
The development triggered a political storm with former Chief Minister Omar Abdullah attacking Chief Minister Mufti Mohammed Sayeed saying if he cannot defend the state's dignity and flag from the "nefarious" plans of his ally BJP "he should step down and find someone who can" defend it.
The BJP, which is an ally of the PDP, has had a stand of 'ek vidhan, ek nishan, ek pradhan' (One Constitution, One Flag, One leader).
The CPI-M said hoisting of two flags on all government buildings and vehicles is constitutionally valid in the state.
CPI-M leader Mohammed Yousuf Tarigami said, "Attempts are being made by the BJP to rake up an unwarranted controversy over state flag and Article 370 and that is why it has challenged the single bench judgment on the subject, despite having no locus to challenge the same."
It is also unfortunate that the state government has not fulfilled its responsibility of contesting the arguments of the BJP that has facilitated a stay order on the recent court judgement on the subject, he said.
