Allahabad High Court
Lokesh Kumar Khurana vs Union Of India Throu,Chief Secy.Home ... on 19 February, 2018
Bench: Devendra Kumar Arora, Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 7 Case :- P.I.L. CIVIL No. - 5112 of 2018 Petitioner :- Lokesh Kumar Khurana Respondent :- Union Of India Throu,Chief Secy.Home Ministry N.Delhi & Anr. Counsel for Petitioner :- Gaurav Gupta,Akhilesh Kumar Counsel for Respondent :- C.S.C.,A.S.G. Hon'ble Dr. Devendra Kumar Arora,J.
Hon'ble Abdul Moin,J.
Heard Mr. Gaurav Gupta, learned Counsel for the petitioner, Mr. S.B. Pandey, learned Assistant Solicitor General of India, and Mr. Shailendra Singh Chauhan, learned Additional Chief Standing Counsel.
Petitioner has filed the instant writ petition as a Public Interest Litigation for ensuring compliance of the Government orders relating to playing National Anthem issued by the Union of India as well as the directions issued by the Apex Court in Writ Petition (Civil) No. 855 of 2016 : Shyam Narayan Chouksey Vs. Union of India & others, decided on 9.1.2018.
Submission of the learned Counsel for the petitioner is that the Apex Court, while disposing of writ petition (Civil) No. 855 of 2016, has issued directions with respect to playing of National Anthem that every citizen isbound to show respect as required under executive orders relating to the National Anthem of India and the prevailing law, whenever it is played or sung on specified occasions.
Learned Counsel for the petitioner in para-11 of the writ petition has given instances where the concerned persons have not properly shown respect to the National Anthem. As the directions issued by the Apex Court are not being followed in its letter and spirit, therefore, the petitioner is constrained to approach this Court.
A serious objection has been raised by the learned Counsel for the opposite parties and has submitted that instances quoted by the petitioner, if are true, then warrants action against such person or persons under the proceedings of Contempt of Courts Act, 1971 and further once directions with respect to playing National Anthem has been issued by the Apex Court, then, no further direction can be issued under the Public Interest Litigation by the High Court.
We have examined the submissions of the learned Counsel for the parties and have gone through the record including the recent verdict given by the Apex Court in Shyama Naraya Chouksey versus Union of India and others decided on 9.1.2018.
The Apex Court while disposing of Writ Petition (Civil) No. 855 of 2016: Shyam Narayan Chouksey Vs. Union of India & others, decided on 9.1.2018 has issued following directions:-
(i)The Committee appointed by the Union government shall submit its recommendations to the competent authority in terms of the Notification dated 5th December, 2017, for follow up action.
(ii) The order passed on 30th November, 2016, is modified to the extent that playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory.
(iii) Since the Committee constituted by the Union government is looking into all aspects of the matter, it shall make its recommendations uninfluenced by the interim directions of this Court, as clarified in our order dated 23rd October, 2017. Similarly, the competent authority shall in taking its decision(s) not be constrained or influenced by any of the interim directions.
(iv) Citizens or persons are bound to show respect as required under executive orders relating to the National Anthem of India and the prevailing law, whenever it is played or sung on specified occasions.
(v) The exemption granted to disabled persons shall remain in force till the final decision of the competent authority with regard to each occasion whenever the National Anthem is played or sung.
It may be mentioned that the National Anthem, the National Flag and the National Song being secular symbols representing the nationhood command desired respect. It may be added that in paragraph 24 of the judgment, the Apex Court observed that no one can intentionally prevent the singing of the National Anthem or cause any disturbance to an assembly engaged in such singing. As the Hon'ble Supreme Court has issued specific directions with respect to the playing of the National Anthem and that it is honoured by each and every one and, if there is any violation of the directions issued by the Hon'ble Supreme Court then remedy is to draw appropriate proceedings under the provisions of Contempt of Courts Act and the writ is not the proper remedy. In these circumstances, no further direction can be issued after the directions having been issued by the Apex Court in the aforesaid case.
The Writ Petition being misconceived is hereby dismissed.
Order Date :- 19.2.2018 Ajit/-