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'PM Modi wearing Army gear is a punishable offence': UP Court sends notice to PMO

By: Pallab Ghosh
Radiance News Service

UP court sends notice to Prime Minister Narendra Modi for wearing Army gear

If you may recall that Prime Minister Narendra celebrated Diwali in 2021, with soldiers of the Indian Armed Forces in the Nowshera district of Jammu and Kashmir wearing military uniform. PM Modi has been donning Army gear since 2017 during his visits to soldiers on Diwali.

A district court in Uttar Pradesh has sent notice to the Prime Minister’s Office (PMO) in this regard after a plea was filed in the Prayagraj (Allahabad) district court in Uttar Pradesh, stating wearing of military gear as 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. According to sources, district judge Nalin Kumar Srivastava issued a notice to the PMO as well as Advocate Rakesh Nath Pandey, for allegedly moving the application under section 156(3) of the Code of Criminal Procedure (which empowers Magistrate to order an investigation into a cognizable offence).

 Pandey had earlier filed a plea in December 2021. The chief judicial magistrate Harendra Nath had rejected the plea citing the incident happened outside the jurisdiction of the court and the matter can be heard by a magistrate having jurisdiction. Pandey challenged again before the district judge. 

The matter will be heard on March 2, 2022.