'Vague apprehension of discrimination': SC dismisses plea challenging home ministry circular on Vande Mataram

NEW DELHI: Supreme Court on Wednesday refused to hear a plea challenging a home ministry circular on singing the national song 'Vande Mataram' at official events, saying the directive is not mandatory. The court said the petition was premature and based on a “vague apprehension of discrimination.”

A bench of Chief Justice Surya Kant, justices Joymalya Bagchi and Vipul M Pancholi was hearing the plea filed by Muhammed Sayeed Noori.

Senior advocate Sanjay Hegde, appearing for the petitioner, said they respected every religion in the country, but if people were compelled to sing the song irrespective of their religion and faith, some may find it a compulsion to participate in the "social demonstration of loyalty".




The court questioned whether the circular imposed any penalty for not singing the national song. Justice Bagchi asked if there were any consequences or if anyone had been removed for not participating.

Hegde responded, “Penalty is there in case of disruption. While there may be no legal sanction, there is always a huge burden for someone who refuses to sing or stand up. Can people be compelled to sing the song in the garb of an advisory?”

Chief Justice Kant asked whether any notice had been issued to the petitioner, forcing anyone to sing the song. Referring to the directive, Justice Bagchi said, “Clause 5 of the Union Government directive says ‘may’. This freedom is as much to sing the national song as not to sing. That is why it does not fall foul of legal rights.”

The bench said the petitioner can approach the court if any action was taken against him in the future. For now, it said the plea was based only on apprehension and did not warrant intervention.
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