UP court issues notice to PMO as wearing Army uniform by PM Modi during Kashmir visit is a punishable offense

A notice has been issued to the Prime Minister’s Office (PMO) by a district court in Uttar Pradesh today, on a petition seeking to declare Prime Minister Narendra Modi wearing an Indian Army uniform during his visit to Kashmir last year is illegal.

A Prayagraj district court in Uttar Pradesh today issued notice to PMO on a plea filed by advocate Rakesh Nath Pandey stating that PM Modi wearing the uniform was illegal under Section 140 of the Indian Penal Code, and should be termed as a punishable offence.

Section 140 of the Indian Penal Code states that wearing garb or carrying tokens used by soldiers, sailors or airmen is an offence punishable. The plea was filed in the Prayagraj district court in this regard, after which notice was sent to the PMO.

District judge Nalin Kumar Srivastava issued a notice to the PMO as well as Advocate Rakesh Nath Pandey, who had moved the application under section 156(3) of the Code of Criminal Procedure (which empowers Magistrate to order an investigation into a cognizable offence).

Initially, the petition was filed by Pandey in December before the chief judicial magistrate Harendra Nath, who rejected the plea on the ground that this petition does not fall under his jurisdiction.

The plea said that Prime Minister Narendra Modi had visited the Nowshera sector in Jammu and Kashmir last year to celebrate Diwali with soldiers and Indian Army personnel. While interacting with Army personnel, PM Modi had said, “I have spent each Diwali with soldiers guarding our borders. Today, I have brought along with me the blessings of crores of Indians for our soldiers here.”

The prime minister further added, “Our soldiers are the ‘suraksha kawach’ of ‘Maa Bharti’. It is because of you all that people of our country can sleep peacefully and there is happiness during festivals.”

The matter will come uo for hearing on March 2, 2022.