09 January 2018
Supreme Court
Download

SHYAM NARAYAN CHOUKSEY Vs UNION OF INDIA

Bench: HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
Judgment by: HON'BLE THE CHIEF JUSTICE
Case number: W.P.(C) No.-000855-000855 / 2016
Diary number: 30892 / 2016
Advocates: ABHINAV SHRIVASTAVA Vs B. KRISHNA PRASAD


1

REPORTABLE  

 

IN THE SUPREME COURT OF INDIA  

CIVIL ORIGINAL JURISDICTION  

 

WRIT PETITION (CIVIL) NO.855 OF 2016  

 

SHYAM NARAYAN CHOUKSEY   … Petitioner(s)         Versus      UNION OF INDIA & OTHERS    … Respondent(s)    

 

J U D G M E N T  

 

Dipak Misra, CJI.  

 

The petitioner, a public spirited person, has approached this  

Court under Article 32 of the Constitution of India for issue of a  

writ of mandamus or any other appropriate writ, order or direction  

commanding the respondents to take appropriate steps for  

inculcating in the public a proper sense for paying due respect to  

the National Anthem; to issue a writ, order or direction as to what  

is required to be done and not to be done when the National  

Anthem is being played or sung; to specify what will constitute  

disrespect and abuse of the National Anthem; and to restrain the

2

2  

use of the National Anthem for any commercial exploitation or to  

gain financial advantage in any manner.   

2. Apart from the aforesaid prayers, there are many other prayers  

and one such prayer includes that no one should print the National  

Anthem on any undesirable object or display it in a manner and at  

such places which may be  disgraceful and may tantamount to  

showing disrespect to the National Anthem.  

3. After issue of notice, learned Attorney General for India  

entered appearance. On 30th November, 2016, taking note of the  

assertions made in the petition, this Court had passed an interim  

order, which reads thus:-  

 ―Having heard the learned counsel for the parties  and awaiting the reply from the Union of India, as  an interim measure, it is directed that the following  directions shall be scrupulously followed:-     (a) There shall be no commercial exploitation to give  financial advantage or any kind of benefit. To  elaborate, the National Anthem should not be  utilized by which the person involved with it either  directly or indirectly shall have any commercial  benefit or any other benefit.     (b) There shall not be dramatization of the National  Anthem and it should not be included as a part of  any variety show. It is because when the National  Anthem is sung or played it is imperative on the part

3

3  

of every one present to show due respect and  honour. To think of a dramatized exhibition of the  National Anthem is absolutely inconceivable.     (c) National Anthem or a part of it shall not be  printed on any object and also never be displayed in  such a manner at such places which 3 may be  disgraceful to its status and tantamount to  disrespect. It is because when the National Anthem  is sung, the concept of protocol associated with it  has its inherent roots in National identity, National  integrity and Constitutional Patriotism.    (d) All the cinema halls in India shall play the  National Anthem before the feature film starts and  all present in the hall are obliged to stand up to  show respect to the National Anthem.    (e) Prior to the National Anthem is played or sung in  the cinema hall on the screen, the entry and exit  doors shall remain closed so that no one can create  any kind of disturbance which will amount to  disrespect to the National Anthem. After the  National Anthem is played or sung, the doors can be  opened.     (f) When the National Anthem shall be played in the  Cinema Halls, it shall be with the National Flag on  the screen.     (g) The abridge version of the National Anthem made  by any one for whatever reason shall not be played  or displayed.‖  

 

4. After issuing the directions, this Court noted the submissions  

of the learned Attorney General which were to the following effect:-  

4

4  

―We have so directed as Mr. Mukul Rohtagi, learned  Attorney General for India submits with all humility  at his command and recommend that National  Anthem has to be respected. The directions are  issued, for love and respect for the motherland is  reflected when one shows respect to the National 4  Anthem as well as to the National Flag. That apart,  it would instill the feeling within one, a sense  committed patriotism and nationalism.‖  

 

5. Thereafter, as the factual matrix would unfurl, two  

applications were filed seeking impleadment and recall of the  

interim order.  They were taken up on 9th December, 2016, and on  

that day, the prayer for impleadment was allowed, but as far as the  

application for recall was concerned, the Court passed the following  

order:-  

―As far as the recall of the order is concerned, the  same has to be heard on merits when the matter is  finally debated upon. Be it noted, Mr. Dinesh,  learned counsel for the applicant at the time of  mentioning had submitted that there has to be some  kind of exemption for the physically challenged  persons or physically handicapped persons. Mr.  Siddharth Luthra, learned senior counsel who was  present in Court has referred to the Persons with  Disabilities (Equal Opportunities, Protection of  Rights and Full Participation) Act, 1995.       Mr. Rohatgi, learned Attorney General for  India submitted that how the physically challenged  or physically handicapped persons shall show  respect to the National Anthem, the Central  Government will issue guidelines within ten days

5

5  

hence. As the guidelines are going to be issued, we  clarify, if a physically challenged person or physically  handicapped person goes to the Cinema hall to  watch a film, he need not stand up, if he is incapable  to stand, but must show such conduct which is  commensurate with respect for the National Anthem.  When we say physically challenged or physically 3  handicapped persons, it means persons with  disability as defined under Sections 2(i) and 2(t) of  the Persons with Disabilities (Equal Opportunities,  Protection of Rights and Full Participation) Act,  1995. Another aspect needs to be cleared. When we  said that the doors shall be closed, we did not mean  that the doors shall be bolted as mentioned in the  

case of Municipal Corporation of Delhi, Delhi vs.  Uphaar Tragedy Victims Association and Ors. [(2011)  14 SCC 481] but only to regulate the ingress and  egress during the period while the National Anthem  is played.‖  

 

6. On the next date of hearing i.e. 14th February, 2017, certain  

interlocutory applications were filed, which related to the difficulties  

faced by the disabled persons. Mr. Sidharth Luthra, learned senior  

counsel, who was appointed as the friend of the Court, had  

highlighted certain aspects and taking note of the same, the  

following order was passed:-  

 ―Mr. Siddharth Luthra, learned amicus curiae,  submitted that it may be clarified that the people are  not expected to stand when the National Anthem is  sung or played as a part of the storyline in the  feature film or as a part of the newsreel or the  documentary. Mr. Rohatgi, learned Attorney General

6

6  

accepted the said suggestion.      In view of the aforesaid, it is clarified that when  the National Anthem is sung or played in the  storyline of a feature film or par of the newsreel or  documentary, apart from what has been stated in  the order dated 30.11.2016, the audience need not  stand.      At this juncture, we may state that the  Parliament has brought a new legislation called 'The  Rights of Persons with Disabilities Act, 2016.  Section 102 repeals 'The Persons with Disabilities  (Equal Opportunity Protection of Rights and Full  Participation) Act, 1995. This Court on 9.12.2016  has modified the earlier order regard being had to  the handicapped persons keeping in view the 1995  Act. On a query being made, Mr. Mukul Rohatgi,  learned Attorney General for India submitted that  the Union of India shall issue an appropriate  notification/guidelines in view of the language  employed in the Rights of Persons with Disabilities  Act, 2016. The said notification/guidelines may be  issued within a week hence.      Mr. Subhash Chandran, learned counsel  submits that he may be permitted to file an  application for intervention on behalf of the National  Platform for the Rights of the Disabled. He is at  liberty to file the application.‖  

   7. On 18th April, 2017, dealing with I.A. No.15 of 2017, which  

also related to disabled persons, certain modifications were made.  

The said order is as follows:-  

―This is an application filed by the NPRD to direct

7

7  

the respondent No.1 to exempt certain categories of  disabled persons from the purview of the order of  this Court dated 30th November, 2016 and 9th  December, 2016. The categories of persons  mentioned are:-     (i) Wheel chair users – can be cerebral palsy,  Parkinsons, Multiple sclerosis, Muscular dystrophy  or other conditions    (ii) Those with autism    (iii) Those with cerebral palsy    (iv) Intellectual disabilities    (v) Mental illness    (vi) Deaf blind    (vii) Multiple disabilities    (viii) Parkinsons, Multiple sclerosis    (ix) Leprosy cured    (x) Muscular dystrophy      Having heard learned counsel for the  parties, we are inclined to modify the orders and  direct that the persons who are wheel chair users,  those with autism, persons suffering from cerebral  palsy, multiple disabilities, parkinsons, multiple  sclerosis, leprosy cured, muscular dystrophy and  deaf and blind be treated not to be within the ambit  of the orders passed by this Court.       As far as the other categories, which we  have not referred to mentioned in the application,  are concerned, the same may be considered by the

8

8  

Union of India.‖      8. On the previous occasion i.e. 23rd October, 2017, having heard  

learned counsel for the parties and the learned Attorney General for  

India, the following order came to be passed:-  

―The submission of the learned Attorney General is  that because of the vast diversity in the country  based on religion, race, caste and even region, it  becomes necessary to have uniformity which should  be cultivated by playing the National Anthem so that  when people come out from the cinema halls,  instilling the belief that they are all Indians. Be that  as it may. In this context, he has referred to Article  51A(a) of the Constitution of India.       Having heard learned counsel for the  parties for some time, we think it appropriate that  the Central WP(C) 855/16 4 Government should  take a call in this regard and, if necessary, as  advised, may bring out the requisite notification or  circular or rules. When we say 'take a call', needless  to say, the discretion rests with the Central  Government. The discretion has to be exercised  without being influenced by our interim order. We  may further emphasize that the discretion may be  utilized to regulate in an inclusive manner or as the  Central Government feels fit.‖  

 

9. In pursuance of our earlier order, an affidavit has been filed by  

the Union of India.  It is submitted by Mr. K.K. Venugopal, learned  

Attorney General that the Central Government has constituted a

9

9  

Committee by a Notification/Order dated 5th December, 2017.  We  

shall refer to the same at a later stage.  

 10. Mr. Abhinav Shrivastava, learned counsel appearing for the  

petitioner has raised the following contentions:-  

(a) The Prevention of Insults to National Honour Act, 1971 (for  

short, ‗the 1971 Act‘) vide Section 3 only deals with prevention  

of singing/playing of National Anthem, etc., but it does not  

deal fully as to how the respect is to be shown and, therefore,  

appropriate measures should be prescribed by law in that  

regard.  

(b) Article 51A(a) of the Constitution which provides that every  

citizen of India is to abide by the Constitution and respect its  

ideals and institutions, the National Flag and the  National  

Anthem, warrants that every citizen or person in this country  

has to show respect to the  National Anthem wherever it is  

played.  

(c) The Preamble of the Constitution uses the word ―unity and  

integrity of the Nation‖ and the said words are required to be  

interpreted on a broad canvass so that honour and respect

10

10  

due to the National Anthem are maintained.  

(d) The order passed by this Court sub-serves the cause of  

integrity of the Nation and, therefore, need not be recalled and  

should be made absolute.  

(e) The instructions issued under the heading ―Orders Relating to  

the National Anthem of India‖ are executive in nature as they  

relate to various aspects and are not binding and, therefore,  

there has to be an appropriate law in the field and in the  

absence of law, this Court may issue directions till the law is  

brought covering the said aspects.  

11. Mr. K.K. Venugopal, learned Attorney General, referring to the  

affidavit and the Notification/Order would contend that the  

Committee constituted by the Notification shall look into every  

aspect including the amendment to the 1971 Act and formulation of  

further executive instructions and till then the mandatory order  

passed by this Court for playing/singing of the National Anthem  

before starting of feature films in cinema halls may be modified by  

making it directory.  The suggestion given by him is that the word  

―shall‖ used in the order be substituted by ―may‖.

11

11  

12. Mr. Sidharth Luthra, learned Amicus Curiae, has submitted  

that Article 51A of the Constitution has been brought when the  

1971 Act was in force and, therefore, it has to be understood in the  

said perspective. He has also submitted that Section 2 of the 1971  

Act was amended vide Act 31 of 2003 with effect from 8th May,  

2003, as a consequence of which, respect to the National Anthem is  

a part of the statutory provision. To buttress the said submission,  

he has emphasized on the language employed in Section 2 which  

uses the words ―or the Constitution of India or any part thereof‖.   

To have a sense of completeness, we think it appropriate to  

reproduce Section 2 of the 1971 Act, which is as under:-  

 

―2. Insult to Indian National Flag and Constitution of  India.- Whoever in any public place or in any other  place within public view burns, mutilates, defaces,  defiles, disfigures, destroys, tramples upon or  *otherwise shows disrespect to or brings into  contempt (whether by words, either spoken or  written, or by acts) the Indian National Flag or the  Constitution of India or any part thereof, shall be  punished with imprisonment for a term which may  extend to three years, or with fine, or with both.     Explanation 1.– Comments expressing  disapprobation or criticism of the Constitution or of  the Indian National Flag or of any measures of the  Government with a view to obtain an amendment of  the Constitution of India or an alteration of the  Indian National Flag by lawful means do not

12

12  

constitute an offence under this section.     Explanation 2.– The expression, ―Indian National  Flag‖ includes any picture, painting, drawing or  photograph, or other visible representation of the  Indian National Flag, or of any part or parts thereof,  made of any substance or represented on any  substance.     Explanation 3.– The expression ―public place‖  means any place intended for use by, or accessible  to, the public and includes any public conveyance.     Explanation 4.- The disrespect to the Indian  National flag means and includes—     (a) a gross affront or indignity offered to the Indian  National Flag; or     (b) dipping the Indian National Flag in salute to any  person or thing; or     (c) flying the Indian National Flag at half-mast  except on occasions on which the Flag is flown at  half-mast on public buildings in accordance with  the instructions issued by the Government; or    (d) using the Indian National Flag as a drapery in  any form whatsoever except in state funerals or  armed forces or other para-military forces funerals;  or    (e) using the Indian National Flag:-     (i) as a portion of costume, uniform or accessory of  any description which is worn below the waist of any  person; or    (ii) by embroidering or printing it on cushions,  handkerchiefs, napkins, undergarments or any

13

13  

dress material; or    (f) putting any kind of inscription upon the Indian  National Flag; or     (g) using the Indian National Flag as a receptacle for  receiving, delivering or carrying anything except  flower petals before the Indian National Flag is  unfurled as part of celebrations on special occasions  including the Republic Day or the Independence  Day; or     (h) using the Indian National Flag as covering for a  statue or a monument or a speaker‘s desk or a  speaker‘s platform; or     (i) allowing the Indian National Flag to touch the  ground or the floor or trail in water intentionally; or    (j) draping the Indian National Flag over the hood,  top, and sides or back or on a vehicle, train, boat or  an aircraft or any other similar object; or     (k) using the Indian National Flag as a covering for a  building; or     (l) intentionally displaying the Indian National Flag  with the ―saffron‖ down.‖  

 

13. It is his further submission that once the words ―or any part  

thereof‖ have been used in the 1971 Act, the same is bound to be  

read in consonance with Article 51A(a) of the Constitution and  

hence, it presently gets ingrained as a statutory command.  

 14. Dr. Rajeev Dhawan, learned senior counsel, who was

14

14  

permitted to intervene in-person, has supported the stand of the  

Union of India so far as the modification of the interim order is  

concerned.  

 15. Though Mr. Sajan Poovayya, learned senior counsel, has filed  

a separate writ petition relating to some other aspect, he submitted  

that the word ―secular‖ that finds place in the Preamble is meant  

for integration of the diverse communities existing in India and the  

said principle has been recognized in the context of the Flag Code  

in the Union of India vs. Naveen Jindal and Another1.  He has  

drawn our attention to paragraph 27 of the judgment which we  

think it seemly to reproduce:  

―Then the question arises, which view is to be  accepted.  National Anthem, National Flag and  National Song are secular symbols of the  nationhood. They represent the supreme collective  expression of commitment and loyalty to the nation  as well as patriotism for the Country. They are  necessary adjuncts of sovereignty being symbols  and actions associated therewith.‖  

 

16. Emphasizing on the aforesaid passage, he would contend that  

both the National Anthem and the National Flag and the National  

Song being secular symbols representing the nationhood command  

 1   (2004) 2 SCC 510

15

15  

desired respect.  He has also drawn our attention to the statement  

made by the President of the Constituent Assembly.  It is as under:-  

―Statement    

Mr. President: There is one matter which has been  pending for discussion, namely, the question of the  National Anthem.  At one time, it was thought that  the mater might be brought up before the House  and a decision taken by the House by way of a  resolution.  But it has been felt that, instead of  taking a formal decision by means of resolution, it is  better if I make a statement with regard to the  National Anthem.  Accordingly I make this  statement.      The composition consisting of the words  and music known as Jana Gana Mana is the  National Anthem of India, subject to such  alterations in the words as the Government may  authorise as occasion arises; and the song Vande  Mataram, which has played a historic part in the  struggle for Indian freedom, shall be honoured  equally with Jana Gana Mana and shall have equal  status with it.  I hope this will satisfy the Members.‖  

   17. We may hasten to add that we have reproduced the same to  

show the sanctity of the National Anthem and the respect it has to  

be given.  

 18. Mr. C.U. Singh, learned senior counsel appearing for the  

intervenor, which has filed an application for recalling the interim  

order contends that in the absence of any law, this Court should

16

16  

not have made the playing of National Anthem in cinema halls  

mandatory.  

 19. At this juncture, Mr. P.V. Dinesh, learned counsel assisting  

Mr. C.U. Singh, learned senior counsel would submit that if this  

Court thinks of continuing the interim order, it may at least modify  

the direction that whenever there is a film festival and more than  

five to six films are exhibited in a day, the audience should be  

permitted to stand only at the commencement of the first feature  

film.  

 20. Mr. V.K. Biju, learned counsel who has intervened in the writ  

petition has submitted that though the Committee has been  

constituted to look into the matter from various spectrums, the  

interim order should be allowed to continue.  

 21. Ms. Nanita Sharma, learned counsel, who is appearing for the  

respondent No.4 because of the application for intervention having  

been allowed, submitted that the said organization has submitted  

representations to the Government and they need to be considered  

as they are pending since 2014.  

17

17  

22. Mr. Sanjeev Bhatnagar, who has filed an application for  

intervention, appearing in-person has submitted that there can be  

no doubt that the National Anthem and the National Flag are to be  

respected and every citizen is obliged to show respect, but the  

cinema halls may not be the appropriate place.  

 23. To appreciate the submissions advanced at the Bar, it is  

necessary to refer to Section 3 of the 1971 Act.  It  reads as under:-  

―3. Prevention of singing of National Anthem, etc..-  Whoever intentionally prevents the singing of the  Indian National Anthem or causes disturbances to  any assembly engaged in such singing shall be  punished with imprisonment for a term, which may  extend to three years, or with fine, or with both.‖   

 

24. On a perusal of the said provision, it is clear as day 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. Clause III(4) of  

the orders reads as follows:-  

―III(4). It is not possible to give an exhaustive list  of occasions on which the singing (as distinct from

18

18  

playing) of the Anthem can be permitted. But there  is no objection to the singing of the Anthem  accompanied by mass singing so long as it is done  with due respect as a salutation to the motherland  and proper decorum is maintained.‖  

 

25. On a careful reading of the above provision, it is clear that the  

said Order states that it is not possible to give an exhaustive list of  

the occasions.  It  further lays down that there is no objection to the  

singing of the National Anthem accompanied by mass singing so  

long as it is done with due respect as a salutation to the  

motherland and maintenance of the proper decorum.  Thus, three  

aspects are obvious: First the National Anthem is not only to be  

respected, but it is a respect as a salutation to the motherland;  

second, the list of occasions cannot be exhaustively stated; and,  

third, proper decorum has to be maintained when the National  

Anthem is played or sung.  

 26. At this stage, we may refer to the Order/Notification dated 5th  

December, 2017.  It is as follows:-  

―ORDER  

Subject: Constitution of an Inter-Ministerial  Committee on playing/singing of the National  Anthem.

19

19  

   It has been decided to constitute an  Inter-Ministerial Committee under the  Chairmanship of Additional Secretary (Border  Management), Ministry of Home Affairs, with  representatives (not below the rank of Joint  Secretary) from the following  Ministries/Departments to give recommendations  regarding regulation of playing/singing of National  Anthem and to suggest changes in the Prevention  to Insults to National Honour Act, 1971 or in the  Orders Relating to the National Anthem of India.  

 

Sl. No.    

Ministry/Department   

1 Additional Secretary (BM),  MHA  

Chairman   

2 Ministry of Defence Member  

3 Ministry of External Affairs Member  

4 Ministry of Culture Member  

5 Ministry of Women and Child  Development  

Member  

6 Ministry of Parliamentary  Affairs  

Member  

7 Ministry of Information &  Broadcasting  

Member  

8 Ministry of Minority Affairs Member  

9 Department of Legal Affairs Member  

10 Department of School  Education and Literacy  

Member  

11 Department of Empowerment  of Persons with Disability  

Member  

12 Joint Secretary (Admn.), MHA Convenor  

   

2. The Committee will submit its

20

20  

recommendations in six months.    

3. This issues with the approval of the Competent  Authority.‖  

 

27. It is perceptible from the said order, that the inter-Ministerial  

Committee has been given the responsibility to make  

recommendations for regulating the playing/singing of the National  

Anthem and to suggest changes in the 1971 Act or in the Orders  

relating to the National Anthem of India.    

 28. We may presently travel to the past.  This Court in Bijoe  

Emmanuel and Others vs. State of Kerala and Others2 (in  

paragraphs 9 and 10) has also emphasized on respect to the  

National Anthem.  We may hasten to add that it sustained the right  

of the petitioner therein, but yet observed that a person who stands  

up respectfully when the National Anthem is sung, is showing  

proper respect. Thus, the stress is on respect when the National  

Anthem is sung or played.  

 29. We may at this stage reproduce the Statement of Objects and  

Reasons of the 1971 Act, as the same has been stressed by Mr.  

 2  AIR 1987 SC 748  

21

21  

Abhinav Srivastava, learned counsel for the petitioner.  It reads as  

under:-  

―STATEMENT OF OBJECTS AND REASONS    

 Cases involving deliberate disrespect to  National Flag, the National Anthem and the  Constitution have come to the notice in the recent  past. Some of these incidents were discussed in  both the Houses of Parliament and members  expressed great anxiety about the disrespect shown  to the national symbols. Government were urged to  prevent the recurrence of such incidents.   Disrespect to the National Flag and the Constitution  or the National Anthem is not punishable under the  existing law.  Public acts of insults to these symbols  of sovereignty and the integrity of the nation must  be prevented.  Hence the Bill.  The scope of the law  is restricted to overt acts of insult to and attack on,  the national symbols by burning, trampling defiling  or mutilating in public.  It is not intended to prohibit  honest and bona fide criticism of the symbols, and  express provisions to this effect have been made in  the Bill.‖  

 

30. When we consider the perspectives put forth before us  

pronounced in their own way, we have no shadow of doubt that one  

is compelled to show respect whenever and wherever the National  

Anthem is played.  It is the elan vital of the Nation and fundamental  

grammar of belonging to a nation state.  However, the prescription  

of the place or occasion has to be made by the executive keeping in  

view the concept of fundamental duties provided under the

22

22  

Constitution and the law.  

  31. In view of the aforesaid, we think it appropriate that the  

Committee should comprehensively look into all the aspects.  Mr.  

K.K. Venugopal, learned Attorney General for India has submitted  

in the course of argument that the petitioner can give suggestions  

by way of representation to the Committee.  Mr. V.K. Biju and Ms.  

Nanita Sharma, learned counsel and Mr. Sanjeev Bhatnagar, the  

applicant in-person can also give suggestion in this regard.  When  

we say suggestions, we mean that suggestions shall only relate to  

the National Anthem and nothing else.  

32. Having said that, the issue remains for continuance of the  

interim order or modification of the same.  As submitted by Mr.  

Venugopal, learned Attorney General, the playing of the National  

Anthem in the cinema halls on the screen may not be made  

mandatory and the word ―shall‖ may be substituted with ―may‖  

until a final decision is taken by the Committee and, thereafter, by  

the Central Government.  Needless to emphasize, the discretion  

vests with the Central Government and they shall take a decision  

uninfluenced by the interim order as clarified in our order dated  

23rd October, 2017.

23

23  

 33. In view of the aforesaid, we do not intend to keep the writ  

petition pending and dispose of the same with the 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.

24

24  

 (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.  

 34. The writ petition is, accordingly, disposed of.  There shall be  

no order as to costs.  

 

 

       ..............................CJI.          [Dipak Misra]              ...................................J.          [A.M. Khanwilkar]              ...................................J.          [Dr. D.Y. Chandrachud]    New Delhi  January 09, 2018.