SC junks plea against MHA circular on Vande Mataram, terms it 'vague apprehension of discrimination

New Delhi: The Supreme Court on Wednesday refused to entertain a plea against a home ministry circular on singing of national song Vande Mataram at official events, saying that a directive was not mandatory. A bench consisting of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi termed the plea filed by one Muhammed Sayeed Noori as "premature" and based on "vague apprehension of discrimination". Senior advocate Sanjay Hegde, appearing for Noori, said they respect every religion in the country, but if people are 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". Justice Bagchi asked if the circular specified any penal consequences for not singing the national song or if any person had been removed from the congregation for not singing it.

"Penalty is there in case of disruption," Hegde said, "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?" CJI Kant asked Hegde whether any notice had been sent to the petitioner compelling anyone to sing the national song. "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," Justice Bagchi said. The bench told the petitioner that he can approach the court in case of any penal action or notice to him, and observed that at present the petition is nothing but a "vague apprehension of discrimination".