SHASHI THAROOR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed under section 482 of Cr.P.C., at the instance of an accused, in a private complaint in C.C.No.1190 of 2009 of the court of Additional Chief Judicial Magistrate-Ernakulam, dated 17.1.2009, instituted on the basis of the complaint filed by the second respondent, wherein the allegation and cognizance are for the offence under section 3 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as 'the Act'). The prayer in this petition is to quash all further proceedings in C.C.No.1190 of 2009 of the court of Additional Chief Judicial Magistrate-Ernakulam, instituted as evidenced by Annexure A complaint.

(2.) THE crux of the allegation against the petitioner is that, on 16.12.2008, the trustees of Fedbank Hormis Memorial Foundation conducted the 10th Commemorative Lecture in memory of one Mr.K.P.Hormis (late) at the Le- Meridien Convention Centre, Kochi, and the commemorative lecture was delivered by the petitioner on the subject "The global Financial Crisis and India's Incomplete Transformation". According to the complainant, he was one among the audience and the audience include very many dignitaries including District Collector, Senior IAS and IPS officers, Political leaders and it was a large gathering and the media had covered the entire event. As per the complaint, after the lecture, the anchors of the programme announced singing of National Anthem and the entire audience and the dignitaries on the dias stood up for singing the National Anthem. It is stated in the complaint that the anchors have started singing the National Anthem, accompanied by the entire audience. It is the further allegation in the complaint that when the Anthem was in progress, the accused took a microphone from the table and announced that National Anthem has to be sung in the American way keeping the right hand on the left chest instead of the attention posture followed by Indians so far which was a practice taken from British Rulers. Thus, according to the complainant, the singing of the National Anthem was disrupted abruptly. It has also stated that the National Anthem was re-strated in the mode suggested by the accused which was against the lawful way of keeping in attention by the audience as practiced by all Indians so far. According to the complainant, most of the participants followed the way suggested by the accused, and himself and a few others did not oblige to the persuasion of the accused. Thus according to the complainant, the accused had intentionally prevented the singing of the Indian National Anthem and causes disturbance to the assembly engaged in singing the National Anthem on 16.12.2008 at 7.30 p.m. at Le-Meridien Convention Centre, Kochi, which is strictly within the limits of Panangad Police Station coming under the territorial jurisdiction of the trial court and the said act of the accused is punishable under section 3 of 'the Act'.

(3.) I have heard Adv.Sri.K.Ramakumar learned senior counsel for the petitioner.