Not Standing Up For National Anthem Is Not An Offence: Jammu And Kashmir HC

BACKGROUND OF THE CASE

• A group of students filed an FIR against a college lecturer under Section 3 of Prevention of insult to National Honour Act, 1971.
• According to them, he showed disrespect to the National Anthem in the function conducted by Indian Army on 29th September, 2018 for celebrating the surgical strike.
• They approached the SDM with a written application to take action and lodge an FIR against him.

CASE OF THE PETITIONER

• The petitioner argued that while exercising the powers of Executive Magistrate, Class-1, he was not empowered to direct the police to register an FIR.
• And even if this is considered, his act does not constitute as an offence under the Act.

COURT’S OBSERVATION ON SDM’S ACTION

• The Court observed that a conjoint reading of Section 154 and 156 of CrPC would show that the power to direct investigation in a cognizable case eventually includes the power to direct the police register an FIR.
• The Court further held that, although Section 156(3) of the code does not empower an Executive Magistrate to direct investigation in cognizable offences, no provision prohibits him from bringing the information about a cognizable offence to the police’s notice and directs it to perform its duty.

COURT’S OBSERVATION ON DISRESPECTING NATIONAL ANTHEM

• The Court held that every citizen who claim and enjoy the fundamental and statutory rights from the State has a fundamental duty to respect its ideals.
• Not standing up during the National Anthem or not singing it may amount to disrespect towards National Anthem and also be marked as a failure to adhere to the Fundamental Duties enshrined in Part IV A of the Constitution.
• But it won’t constitute as an offence as defined under Section 3 of Prevention of insult to National Honour Act, 1971.
• Thus the Court quashed the FIR stating that its contents do not constitute a cognizable offence.

Do you think the judgement is justified or it will give rise to controversy?