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Supreme Court dismisses plea to make national anthem mandatory in courts

Dismissing the plea of a BJP spokesperson Ashwani Kumar Upadhyay, the court said the order on national anthem its order should not be stretched
Supreme Court of India

Days after the Supreme Court to play the national anthem in all the cinema halls, the apex court on Friday refused to take up a plea seeking playing of national anthem in all courts before the start of proceedings.

Dismissing the plea of BJP spokesperson Ashwani Kumar Upadhyay, the court said the order on national anthem its order should not be stretched.

“Whether right or wrong, our order should not be overstretched. Bar should show some restrain,” the bench of justices Dipak Misra and Amitava Roy said.

Upadhyay mentioned the plea before the bench early today and the court asked for Attorney General’s assistance to learn his view on the plea of Upadhyay. AG Mukul Rohatgi submitted that the petitioner should file a proper application.

The Supreme Court on Wednesday directed that the national anthem be played in cinema halls across the country before film screening.

The court said the national anthem in movie halls should be accompanied by national flag on screen and everyone present in there must rise and pay respect to the national anthem.

The court, however, banned any “dramatisation” of the national anthem and directed it must not be introduced as part of a variety show. The national anthem must not be printed on any undesirable object and not be used for any commercial purposes, the SC added.

A bench of Justices Dipak Misra and Amitava Roy released the order while hearing a petition referring to the provisions of the Prevention of Insults to National Honour Act, 1971.

However, legal experts claimed there no logical reasoning or law cited to justify any of these directions made by the Supreme Court.

“I don’t think it’s a matter of legality as much as its propriety. It’s not an offence, there is no act which says you must stand,” said senior advocate Iqbal Chagla was quoted by The Times of India earlier.

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