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| It is misuse, contemptuous to State emblem-Constitutional experts | | Panches, Sarpanches use State emblem | | Bashir Assad
SRINAGAR, Sept 20: It sounds strange, but true it is, a good number of Panches and Sarpanches in Jammu and Kashmir have been using State emblem which is contemptuous to State emblem.
Notwithstanding the fact that empowerment of panchayats is still a distant dream and the functioning of Panchayat Raj in Jammu and Kashmir has hit the roadblock, Panches and Sarpanches have been using State emblem displayed on their personal letterheads which is an offence as the emblem (Seal) shall be used by the people enjoying Constitutional status.
Over investigation, Early Times found that many Panches and Sarpanches from both the regions wittingly or otherwise display State emblem on their personal letterheads and use them for correspondence with the Government officials even with the Ministers.
A Sarpanch from Rajouri district was seen displaying the State emblem on his personal letterhead. The Sarpanch visited the office of a senior Minister the other day and presented a resolution on his personal letterhead. The Minister was astounded to notice that State emblem was displayed on the letterhead. Though the Minister turned angry, however, he warned the Sarpanch on this act and asked him to immediately destroy the letterhead.
However, what surprised the people sitting in the office of the Minister was that soon after the Sarpanch from Rajouri left the office chamber of the Minister, another Panch from Rafiabad, Baramulla presented a resolution to the Minister on his letterhead on which the State emblem was displayed.
Only Chief Minister, his council of Ministers, Governor, Speaker and other Constitutional functionaries can use the State emblem
"It is misuse of authority and completely illegal , it is not in consonance with the law and as such if anybody other than the constitutional functionaries uses it is contemptuous the State emblem" a senior bureaucrat told Early Times.
Only the existing constitutional functionaries can use the State emblem, not even the former Ministers or former Chief Ministers can use it," he said.
According to the bureaucrat, the day to day affairs are being run by the Council of Ministers and they can use it while communicating the State affairs with other Ministers or the officers. No other person whosoever can use the State emblem not even the legislators.
Senior advocate of J&K High Court, Advocate Altaf Haqani while commenting on the issue said though it is not a cognizable offence, however, it is definitely misuse of the State emblem and in certain cases it is misuse of the authority and contemptuous to the State emblem. Haqani said that only those persons holding Constitutional positions can use the State emblem. The Constitutional functionaries include the Chief Minister, Governor, Council of Ministers, High Court Judge and Advocate General and the Attorney General. Any person, Haqani said, other than the Constitutional functionaries who uses the State emblem is contemptuous to the State emblem.
Pertinently some former Ministers were also using the State emblem which is not only illegal but misuse of authority.
"They cannot use the State emblem as they are no more Constitutional functionaries, it is actually the existing Constitutional functionaries who have taken oath of office and are entitled to use State emblem," senior advocate Sayed Riyaz Khawar told Early Times. It is contemptuous and the practice should be abandoned henceforth, said Khawar. |
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