Plea In Delhi HC Seeks FIR Against Mehbooba Mufti For Alleged Derogatory Statements Against Indian Flag & Govt

The petitioner has stated that in light of the fact that the Central Government had on 05.08.2019 abrogated Article 370 of the Indian Constitution, thereby superseding the Constitution (Application to Jammu and Kashmir) Order, 1954, the state of Jammu and Kashmir had become a part of India and that statements made by Mehbooba Mufti on 23.10.2020 while addressing a press conference were "derogatory and instigating statements against the duly elected Indian government."

The plea mentioned that the People's Democratic Party Chief Mufti had said during the conference that, "Dacoits snatched our flag", and on being questioned about reporters about the Jammu & Kashmir flag placed on the desk, she had called it "our flag" and said, "We will take Tricolour in our hand when we get our flag back".

The 61-year-old leader had also said that she wouldn't take part in elections without the reinstatement of the Constitution and flag of the erstwhile state of Jammu & Kashmir.

Citing the above statements, the plea has demanded registration of proceedings against Mufti under Sections 4 of the Prevention of Insults to National Honour Act and u/Ss. 121, 153, 153A, 295, 298, 504 & 505 of IPC.

The plea contends that the statements of the petitioner explicitly insult India's tri-colour, and are provocative in nature.