Hilal Akbar Lone is already famous, or call it infamous, depending on how you see it even before he has taken oath as MLA of Sonawari (Bandipora district). On Wednesday, Lone chose not to stand up at SKICC in Srinagar when the National Anthem was being played. The occasion was the function at which Omar Abdullah took oath as Chief Minister of the Union Territory (UT) of Jammu & Kashmir.
A SP rank police officer is investigating the charge against the newly minted legislator who is incidentally, a lawyer himself. According to self-sworn affidavit filed by Lone with the election authorities at the time of filing his nomination, he is “An advocate of High Court of J&K and Ladakh’’. In the column regarding educational qualifications, he has filled “Graduate, Professional Bachelor of Law from Kashmir University J&K’’.
On microblogging site X, Srinagar police said: “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 BNSS has been initiated and electronic evidence is being analysed for further course of action.’’ Under Section 173 (3), the Investigating Officer (IO) is required to conduct an inquiry prior to registering an FIR within 14 days.
On his part, Lone has admitted in public that he did not stand up during the National Anthem at SKICC due to back pain. “When I went inside (read auditorium), 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 has by quoted by some Srinagar-based newspapers as saying in defence of his action.
Interestingly, Hilal Akbar Lone tried to flaunt his knowledge of the intricacies of the relevant law on the subject of disrespect to Prevention of Insults to National Honour Act, 1971, in his interaction with reporters. Defending his action, Lone said that it was not an intentional act of disrespect but happened due to his physical condition. He also claimed that there is a “Supreme Court ruling which says that it is not criminal to remain seated during the National Anthem’’ unless somebody actively disrupts it.
The Prevention of Insults to National Honour Act, 1971, is applicable in all cases where a case of insult to National Honour, through disrespect to National Symbols, is reported, public or not, as well as intentional or otherwise. As provided in Section 3 of the Act, whoever intentionally prevents the singing of the Jana Gana Mana or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both. It has a rider that a conviction under the relevant provision should carry a minimum of one year of imprisonment.
“This is no act of crime. I am a Member of the Legislative Assembly. I have taken an oath of the Indian Constitution,’’ he said, adding he was being unfairly targeted. His father, Akbar Lone, was MP from Baramulla and also legislator in state of J&K more than once. The elder Lone had created a commotion once in the state assembly during its last tenure by allegedly raising pro-Pakistan slogans.
Presently, Hilal Lone has a criminal case pending against him for which FIR 02/2021 dated 9-01-2021 was lodged against him at Hajin Police Station. In this case, he has been booked under Section 153A of Indian Penal Code (IPC), 188 and 505. Other provisions of the relevant law pertaining to this case are Section 125 of PR Act and Section 13 ULA (P) Act.
In most newspapers and portals, Lone’s act of alleged deliberate disrespect to the National Anthem was widely reported within minutes after the conclusion of the swearing-in ceremony. This was one unsavoury incident that took place during Omar’s oath-taking which was not attended by any of the 29 MLAs of the BJP. Neither the BJP, nor the NC, have said anything about reasons for this.
Incidentally, Sajjad Lone of the People’s Conference, the lone MLA of his party, also did not attend the swearing-in ceremony. At a press conference barely hours after the function, Sajjad Lone said he had received an invitation from the NC. However, it was done in a very perfunctory manner and so he did not find worth taking the trouble to be at SKICC for the function.
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