The Supreme Court bench comprising of Hon’ble Mr. Justice Dipak Misra and Justice Amitava Roy issued Notice to the Union of India in the Public Interest Litigation which has been filed in the Supreme Court seeking mandamus or any other appropriate writ, order or direction commanding the Union of India to take appropriate steps to specify what would be constituting disrespect and abuse of the National Anthem.
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In the petition, reference has been made to Prevention of Insults to National Honour Act, 1971. It has been averred in the petition that sometimes the National Anthem is sung 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. Also, that there is not statutory law or binding rules/regulations relating to the National Anthem which will guide the citizens of the country.
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Mr. Abhinav Shrivastava, Advocate-on-record and counsel appearing for the petitioner also submitted that the National Anthem is to be respected and shown due honour by everyone in this country. Certain suggestions as, no commercial exploitation, no printing, no interruption while playing, no dramatization of the National Anthem among others were made.