Srinagar: Abdul Qayoom Khan, the former forest officer on whose petition the J&K high court’s single bench ordered hoisting of both state flag and tricolor wherever constitutionally required, on Saturday urged Kashmir High Court Bar Association as well as other constitutional experts to extend help to fight the challenge thrown to the judgment by a BJP member.
Addressing a press conference at a hotel here, he said that the lawyers’ body and the constitutional experts should come forward to defend “honour and special position of Jammu and Kashmir.”
He said that lawyers body has already decided to contest a Public Interest Litigation before the Supreme Court in which challenge has been thrown to Article 35A of the Indian Constitution, which essentially protects J&K’s existing demographic composition.
Khan, who resigned from PDP soon after later announced to form alliance with BJP, said that he will file objections to the appeal filed BJP national secretary and former IGP Farooq Ahmad Khan. He said that he has full faith in judiciary and expressed hope the judgment will be upheld.
“Civil society is fifth pillar of democracy so they need to stand on this issue,” he said.
According to Global News Service (GNS), Khan said that State of J&K’s relationship with the India, from the day normalcy returned to Kashmir in 1948 after the tribal attack, is through “instrument of accession”.
“As per the constitution of Jammu and Kashmir and the Delhi agreement of 1952 and keeping in view the historical back ground, the state flag has the same sanctity and position as the union flag has under the Indian constitution and other statuary provision, therefore, this sanctity and position has to be maintained at all costs,” he said.
He said non-hosting of the 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 the state honors Act 1979.
He said that all the constitutional authorities are enjoined upon to maintain the sanctity of the state flag at all costs, as is being done in respect of the tricolor.
“The flag shall always be hoisted jointly on the buildings housing constitutional institutions and shall be used on the official cars of the constitutional authorities. Any deviation in this regard shall amount to insult to the Jammu and Kashmir prevention of insult to the honors Act, 1979”. (GNS)