SHYAM NARAYAN CHOUKSEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a public spirited person, has preferred this writ petition under Art. 32 of the Constitution of India for issue of a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to take appropriate steps to specify what would be constituting disrespect and abuse of the National Anthem. In the petition, reference has been made to Prevention of Insults to National Honour Act, 1971. It is averred in the petition that sometimes the National Anthem is sung in various circumstances which are not permissible and cannot be legally countenanced regard being had to the national honour. Two examples cited in the petition may be stated for the present. It is averred that on one occasion, during an interview, the National Anthem was played to test the behavioral pattern of the candidate. It is contended that the National Anthem cannot be sung or played by way of surprise. The other example that has been cited is that on certain occasions, the same is played in a variety show to dramatize the whole thing.

(2.) Mr. Abhinav Srivastava, learned counsel appearing for the petitioner would submit that the National Anthem is to be respected and shown due honour by everyone in this country. Certain suggestions have been given to avoid the abuses. The said suggestions are :

(3.) Apart from the aforesaid suggestions, it has also been prayed that directions should be issued that the National Anthem should be played in the cinema theaters across the country before the feature film and proper norms and protocol should be fixed with regard to playing or singing of National Anthem in an official function and the functions where certain constitutional dignitaries are present in strict compliance.