Recently a decison has come from the High Court of Jammu and Kshmir regarding disrespect to the National Anthem of India. It said that not standing up while singing or hearing the national anthem is not to be counted as offence. Take a look at the details of the case below.
The High Court of Jammu and Kashmir has said that mere disrespect to the Indian National Anthem will not be taken as an offence under Prevention of Insults to National Honour Act 1971 (Act) unless the person conducting such activities tries to prevent the singing of the anthem or causes disruption in its singing.
Jammu and Kashmir HC on National Anthem: About the Case and Judgement
The case is Dr Tawseef Ahmad Bhat vs State of Jammu and Kashmir. The court held that if a person does not stand up while singing or hearing it, or not singing the national anthem but only standing along with other members of the assembly would amount to it's disrespect and a failure to adhere to the fundamental duties as listed in Part IVA of the Constitution of India. It however would not be an offence defined in the Section 3 of the Act.
There was a celebration in the college where the petitioner was employed. It was the celebration of the surgical strike conducted by our country. As per the claim of the petitioner, when the clerk requested the petitioner allowed the students to participate in the function. The function began with the singing of the National Anthem where the petitioner claims that he was standing long with his staff. However a few students held demonstrations against him for insulting the National Anthem by not standing up. The students also approached the Sub Divisional Magistrate on being instigated and gave a written complaint. The application was then forwarded by the SDM to the Police station, directing them to launch an FIR against the petitioner.
What is the petition: Dr Tawseef Ahmad Bhat vs State of Jammu and Kashmir
The petitioner mentioned that since he didn't stop anyone from standing or singing the national anthem and it also was not mentioned in the FIR. This clears him of the offence listed in Section 3 of the Act.
He also said that the SDM has no powers of the Executive Magistrate and is not competent to direct the police to register an FIR. The judicial magistrate can issue such directions under Section 156(3) of the Code of Criminal Procedure.
Even the court made it clear that the Magistrate is only empowered to direct the police to register an FIR and investigate the crime.
What did the court say on Punishment?
It is the conduct that prevents singing of the National Anthem or that causes disturbance in the assembly engaged in such singing, that is declared as an offence under Section 3 of the Act and punishable with imprisonment for a term which may extend to three years, or with fine, or with both.”
The Court said, “It is only if the conduct of a person amounts to preventing the singing of Indian National Anthem or causing disturbance to any assembly engaged in such singing, it entails penal consequences in terms of Section 3 of the Act.”
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