LAHORE - A political party cannot use national flag as party flag; it can only be hoisted by citizens anywhere on some special events and on national day of the country or by highly designated state officials,” senior lawyers said yesterday.
The lawyers said, though, there is no law on it since no legislation was made on ‘flag code’ but it is clear that national flag belongs to the State and any political party cannot use it as symbol or personal identification.
Talking to The Nation, Abid Hassan Minto said that national flag cannot be used for personal identification or symbol.
“No political party can use it because it belongs to the state,” he was of the view.
Supreme Court Bar Association President Barrister Ali Zafar said no political party can use flag as symbol or as emblem. He argued Pakistan Names and Emblems (Prevention of Unauthorized Use) Act, 1957 is a law which bars political parties from using national flag as party symbol. However, Zafar said, an individual could use national flag on any special day or event or even a political party in its meetings but so far as the individual identity is concerned it cannot use it.
Advocate Mubeen-ud-Din Qazi said a party can hoist national flag on its building or can portray in its meetings but it cannot be made as trade mark of a party. He said there was punishment for a person in PPC who by anyway disgraces or insults the national flag.
Advocate Azhar Siddique said unfortunately Pakistan has no flag code since no legislation was made on it. He said he filed a writ in the Lahore High Court when Lahore Waste Management Company used the national flag on its vehicles which was tantamount to disgracing it. Mr. Siddique said he prayed to the court to order the government to make law on it and make flag code to maintain the sanctity and respect of the national flag so that no one can dare to disgrace it. As far as the political parties are concerned, he said, there is no law which clearly bars any political party from using the national flag as party flag but it is national flag; it belongs to the state and it does not belong to any party. Azhar said India had made flag code.
Interestingly, Names and Emblems (Prevention of Unauthorized Use) Act, 1957, does not bear the word ‘flag’ in it and does not clearly says about political parties’ flags. Section 3 of the same Act says “No person shall, except with the previous permission in writing of, and in accordance with the conditions, if any, imposed by, the Federal Government or any officer authorised by it in this behalf, use or continue to use a name or emblem in any trade-mark or design or in the title of any patent or for the purposes of any trade, business, calling or profession, or for any other purpose whatsoever.
However, a new political party is set to write an application to the Election Commission of Pakistan for allotment of a symbol for the party under Section 5 of The Allocation of Symbols Order, 2002.