SHYAM NARAYAN CHOUKSEY versus UNION OF INDIA & OTHERS

Citation: [2018] 1 S.C.R. 1147 · Decided: 09-01-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

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Judgment (excerpt)

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SHYAM NARAYAN CHOUKSEY
v.
UNION OF INDIA & OTHERS
(Writ Petition (Civil) No.855 of 2016)
JANUARY 09, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D.Y. CHANDRACHUD, JJ.]
National Anthem/National Flag – Constitution of India –
Art.32 – Petitioner, a public spirited person, sought direction
commanding the respondents to take appropriate steps for
inculcating in the public a proper sense for paying due respect to
the National Anthem – On 30th November, 2016, Supreme Court
passed interim order, inter alia, directing that all cinema Halls shall
play the National Anthem before the feature film starts and all present
in the hall to oblige and stand up to show respect to the National
Anthem – Later, the Court passed another order advising Central
Government to bring out requisite notification or circular or rules
in this regard – In pursuant thereto, State constituted a Committee
by the Notification dated 5th December, 2017 to look into every
aspect including the amendment to the Prevention of Insults to
National Honour Act, 1971 and to formulate executive instructions
– State contended that till the Committee is looking into the matter,
the mandatory order passed by the Court regarding playing of
National Anthem in cinema Halls may be modified by making it
directory – Held: The Committee appointed by the Central/Union
Government shall submit its recommendations to the competent
authority in terms of the Notification dated 5th December, 2017, for
follow up action – The order passed on 30th November, 2016,
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 – 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 Supreme
Court – Similarly, the competent authority shall in taking its
decision(s) not be constrained or influenced by any of the interim
directions – Prevention of Insults to National Honour Act, 1971 Act
– ss. 2 and 3 – Public Interest Litigation
                                      [2018] 1 S.C.R. 1147
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SUPREME COURT REPORTS
[2018] 1 S.C.R.
National Anthem/National Flag – Constitution of India –
Art.32 – Petitioner, a public spirited person, sought direction
commanding the respondents to take appropriate steps for
inculcating in the public a proper sense for paying due respect to
the National Anthem – On 30th November, 2016, Supreme Court
passed interim order, inter alia, directing that all cinema Halls shall
play the National Anthem before the feature film starts and all present
in the hall to oblige and stand up to show respect to the National
Anthem – Interlocutory applications filed, which related to the
difficulties faced by the disabled persons – Applicants contended
that there has to be some kind of exemption for physically challenged
persons or physically handicapped persons – State constituted a
Committee by the Notification dated 5th December, 2017 to look
into every aspect including the amendment to the Prevention of
Insults to National Honour Act, 1971 Act and to formulate executive
instructions – The orders were modified, physically challenged
persons or physically handicapped persons exempted from the ambit
of the orders – Held: The exemption granted to disabled persons to
remain in force till the final decision of the competent authority
with regard to each occasion whenever the National Anthem played
or sung – Rights of Persons with Disabilities Act, 2016 – Public
Interest Litigation.
Constitution of India – Art. 51A(a) – 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.
Disposing of the writ petition, the Court
HELD : 1. On a perusal of the s.3 of the Prevention of
Insults to National Honour Act, 1971, it is clear that no one can
intentionally prevent the singing of  the National Anthem or cause
any disturbance to an assembly engaged in such singing. It is a
penal provision. The Orders relating to the National Anthem deal
with playing of the anthem, mass singing of the anthem, playing
of foreign anthems and general provisions. [Para 24] [1160-C-D]
 2. On a careful reading of the s.3, it is clear that the said
Order states that it is not possible to give an exhaustive list of
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