A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi noted that the petition was filed prematurely. The court observed that the advisory circular carries no penal consequences
Supreme Court dismissed the plea, emphasising that it would only consider cases with actual penal impact. File Pic
The Supreme Court on Wednesday declined to hear a petition challenging the Ministry of Home Affairs (MHA) circular issued on January 28, which standardises the protocol for India’s national song, Vande Mataram, reported the ANI.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi noted that the petition was filed prematurely. The court observed that the advisory circular carries no penal consequences, according to the ANI.
“Does the January 28 notification lead to penal consequences? Is the person removed from the congregation if they don’t sing the song? Your petition is based on premature apprehension; if there is any penal consequence, you may come to us. This is just a vague apprehension of discrimination which may not have nexus with the impugned directive,” the bench said, the news agency reported.
The court dismissed the plea, emphasising that it would only consider cases with actual penal impact.
Background on MHA guidelines
The Ministry of Home Affairs had earlier issued detailed instructions on the performance of Vande Mataram at official events in the country. When both the national song and the national anthem are performed, all six stanzas of the official version of Vande Mataram are to be presented first, as per the ANI.
Some citizens have expressed a preference for singing only the first two stanzas, which were adopted as the national song by the Constituent Assembly in 1950.
Opposition from Muslim organisations
The All India Muslim Personal Law Board (AIMPLB) on Thursday demanded the withdrawal of the MHA notification, describing it as unconstitutional and contrary to religious freedom and secular values, reported the ANI.
In a statement, the Board’s General Secretary, Maulana Mohammed Fazlur Rahim Mujaddidi, said the directive conflicts with the religious beliefs of Muslims. He noted that following advice from Rabindranath Tagore and deliberations in the Constituent Assembly, only the first two stanzas were intended for official use, the news agency reported.
Meanwhile, Maulana Arshad Madani, President of Jamiat Ulema-e-Hind, questioned the directive, terming it a “blatant attack on freedom of religion” in the country, as per the ANI.
(with ANI inputs)
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