J&K High Court passed a landmark that not standing up while the Indian National Anthem is being sung or standing up but not singing it may be disrespect to the National Anthem, but it is not an offence under Prevention of Insult to National Honour Act 1971.
The court made the observation while quashing an FIR lodged against a lecturer for allegedly disrespecting the national anthem during a celebration over Surgical Strike Day at Government Degree College, Bani on September 29, 2018.
The court held that “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 that it entails penal consequences in terms of Section 3 of the Prevention of Insult to National Honour Act, 1971.”
Disrespectful but not an offence
It said not standing up while the Indian national anthem is being sung or standing up but not singing the national anthem along with members of the assembly engaged in such singing may amount to disrespect to the national anthem and a failure to adhere to fundamental duties enumerated in Part IVA of the Constitution of India.
“But it is not an offence as defined under Section 3 of the Act,” a bench of Justice Sanjeev Kumar held in a plea of a lecturer stating that the allegations contained in the FIR if taken to be true on their face value, do not constitute the offence as per the law.
The Court delivered the judgment on a writ petition by Dr Tawseef Ahmad Bhat who had challenged an FIR registered by Police Station, Bani, against him under Section 3 of Prevention of Insult to National Honour Act.
Bhat submitted that the function started with the singing of National Anthem and he along with staff was also standing when the National Anthem was being sung.
Bhat submits that while he was taking the examination of B A. 5th Semester, some students came and informed him that a group of students was holding demonstration against him inside the College premises on the ground that he had shown “disrespect” to the National Anthem.