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On a plea alleging that Prime Minister Narendra Modi's act of wearing the Indian Army uniform during his visit to Kashmir last year is a criminal offence under the penal laws of the country, the District Court at Prayagraj, Uttar Pradesh has issued notice to the Prime Minister's Office, as per a media report.

District Judge Nalin Kumar Srivastava passed this order after hearing arguments as forwarded by the petitioner Rakesh Nath Pandey on his application under Section 156 (3) of the Code of Criminal Procedure seeking registration of a case against Prime Minister Modi for wearing the uniform of Indian Army.

Pandey had contended that on November 4, 2021, in Nowshera, Jammu and Kashmir, the Prime Minister wore the Indian Army uniform, which is an offence punishable under Section 140 of the Indian Penal Code, therefore, a case should be registered against the PM.

According to Section 140 IPC, wearing garb or carrying token used by a soldier, sailor, or airman without being one, is a punishable offence.

However, the provision clarifies that this act must be done with the intention that it may be believed that he is such a soldier, sailor, or airman.

This application was first filed by Pandey last year before the Chief Judicial Magistrate Harendra Nath who, on December 21, 2021, had rejected it on grounds of maintainability. The Court had said that the incident had not taken place within the jurisdiction of his Court and it could be heard by the Magistrate having local jurisdiction.

Moving the instant application, Pandey had challenged the earlier order before the District Judge, who has posted the matter for further hearing on March 2.