Police probe MLA for remaining seated

Srinagar, Oct 17: The Jammu and Kashmir Police initiated an inquiry under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, against a Member of Legislative Assembly (MLA) of the National Conference (NC), Hilal Lone for not standing during the national anthem during the oath ceremony Chief Minister, Omar Abdullah and his cabinet colleagues.

However, the MLA who won elections from Sonawari assembly constituency of north Kashmir’s Bandipora district said that he remained seated due to a medical condition.

“I had to sit down because of a backache,” Lone said.

The incident took place on Wednesday at the Sher-e-Kashmir International Convention Centre (SKICC) in Srinagar, and the Police are now reviewing electronic evidence including the CCTV footage to determine the circumstances.

A Superintendent of Police-rank officer has been assigned the inquiry of the case.

If the inquiry officer found the evidence, a case would likely be registered against the legislator.

“Police have taken cognisance of an incident where an individual did not stand up during the playing of the national anthem. A preliminary enquiry by an SP rank officer under Section 173 (3) of the BNSS has been initiated, and electronic evidence is being analysed for further course of legal action,” Srinagar Police said in a post on microblogging site X.

Section 173 of the BNSS deals with the registration of FIR when information is received regarding the commission of a cognisable offence.

Section 173 (3) provides that the investigating officer would conduct a preliminary inquiry before registering the FIR within a period of 14 days.

“When I went inside, I spoke to the media, and during the national anthem, I stood up for a few seconds but had to sit down because of my backache,” Lone said.

He sought to clarify that his action was not an intentional show of disrespect but a result of his physical condition.

The MLA said that his actions should not be criminalised, citing a Supreme Court ruling that states it is not a crime to remain seated during the national anthem unless someone actively disrupts it.

“This is no act of crime. I am a Member of the Legislative Assembly. I have taken an oath on the Indian Constitution. Why are you doubting me?” Lone questioned, urging officials to stop scrutinising him unjustly.