New Delhi: Reversing its order, the Supreme Court today held that playing of national anthem in cinema halls before screening of films is no longer mandatory and left it to a government panel to frame guidelines on this sensitive matter.
The apex court said that playing of national anthem in cinema halls before screening of movies would now be optional and in that case the audience will have to stand as a show of respect.
The direction came a day after the Centre made a plea to the apex court to modify its November 30, 2016 order that made it mandatory for cinema halls to play the national anthem before screening of a film during which the audience was also required to stand. The order had sparked a nationwide debate.
The court, while emphasising that citizens were bound to show respect to the national anthem, said that a 12-member inter-ministerial committee, set up by the Centre, would take a final call on various aspects including playing of national anthem in cinema halls.
A bench headed by Chief Justice Dipak Misra said that the committee should "comprehensively" look into all the aspects related to playing of national anthem in its entirety.
"The interim order passed on November 30, 2016 is modified that playing of national anthem prior to screening of film in a cinema hall is not mandatory as directed," the bench also comprising Justices A M Khanwilkar and D Y Chandrachud said.
The top court, while disposing of the petitions pending before it, made it clear that the exemption granted earlier to disabled persons from standing in cinema halls when national anthem was being played, shall remain in force till the committee takes a decision.
The bench accepted the Centre's affidavit which said the 12-member panel has been set up to suggest changes in the 1971 Prevention of Insults to National Honour Act.
Attorney General K K Venugopal told the court that the committee, which was set up through a notification on December 5 last year, will submit its report within six months.
The Centre in its affidavit yesterday said that an inter-ministerial committee has been set up as extensive consultations were needed for framing of guidelines describing the circumstances and occasions on which the national anthem is to be played or sung and observance of proper decorum on such occasions.
The government had said that the top court may "consider the restoration of status quo ante until then, that is restoration of the position as it stood before the order passed by this court on November 30, 2016" as it mandated the playing of the anthem in cinemas before a feature film starts.
During the hearing, the bench accepted the submissions of the Attorney General that petitioners before the court could make representations before the committee.
"When we say suggestion, the suggestion should only relate to national anthem," the bench said.
Regarding the playing of national anthem in cinema halls before screening of movies, Venugopal said that it should not be made mandatory until a final decision was taken by the committee and thereafter by the Central government.
The counsel appearing for petitioner Shyam Narayan Chouksey,
referred to various instances when due respect was allegedly not shown to national anthem and said that scope of provision related to it should be expanded.
"National anthem cannot be equated with any caste or religion. It is a tool for integration of the entire country.
Guidelines are existing but they cannot resolve the issue," the lawyer said and referred to an instance where some persons were manhandled inside a cinema hall in Mumbai after they had not stood up during playing of national anthem.
Meanwhile, the Attorney General told the bench that the committee was required to suggest changes in the 1971 Act and the panel comprises of representatives of various ministries.
Regarding disrespect shown to national anthem, Venugopal said such matters could be decided on a case to case basis.
Meanwhile, some petitioners raised the issue of Article 51 A (a) of the Constitution which say that it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.
Senior counsel Sajan Poovayya, representing another petitioner advocate Ashwini Kumar Upadhaya, said that national anthem, national flag and national song were secular symbol representing nationhood and were required to be respected.
The bench, while referring to the provisions of the 1971 Act, said it was clear that no one can intentionally prevent playing of national anthem.
The court said that national anthem has to be accorded respect as a respect to salutation of motherland and a proper decorum has to be maintained when it is played.
It, however, said that list of occasions where national anthem should or should not be played cannot be stated.
The top court had in October last year observed that the people "cannot be forced to carry patriotism on their sleeves" and it cannot be assumed that if a person does not stand up for the national anthem, he or she is "less patriotic".
The apex court had on October 23 last year observed that people do not need to stand up in cinema halls to prove their patriotism and had asked the Centre to consider amending the rules for regulating playing of national anthem in theatres.
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Allu Arjun didn't leave theatre despite being told about woman's death: Hyderabad police
Hyderabad, Dec 22: Top Telugu actor Allu Arjun did not leave the theatre during the screening of 'Pushpa-2' on December 4 despite being told to do so in view of a stampede in which a woman died, police officials claimed on on Sunday.
Speaking at a press conference on the annual round-up of 2024, city police commissioner C V Anand showed a video, made by police, on the situation that prevailed when the stampede occurred.
The video was made by collating footage, including from news channels and cell phone clips. It suggests the actor remained in the theatre till the midnight.
Anand did not make any comment on the video, but said the media can draw its own conclusions.
A police official talked about the sequence of events on the fateful night of December 4.
He said that he and other police officials informed a manager of Allu Arjun about the death of the woman and told him that the situation was out of control. He indicated that they were not allowed to meet the actor.
Allu Arjun's staff members told them that they would convey the matter to the actor but did not do so, he said.
The official said he later managed to reach the actor, told him about the woman's death and asked him to leave the theatre so that the fans don't harm each other while trying to catch a glimpse of him.
The official also told the actor that security arrangements would be made for his exit.
However, the actor said he would go only after watching the film, the police official said.
Later, accompanied by a senior officer, the official went inside and brought the actor out, he said.
Amid allegations that bouncers hired by Allu Arjun pushed crowds as well as policemen when the stampede occurred at the cinema hall, the police commissioner warned that stringent action as per law would be taken if THE bouncers indeed misbehaved with the police on duty.
The VIPs would be made responsible for the behaviour of the bouncers hired by them, he said.
Asked if the police would appeal against the interim bail granted to Allu Arjun, the commissioner refused to give a direct response, just saying it is part of the investigation.
What course of action is taken would be known in the days to come, he said.
He also declined to comment when asked if the family of the deceased told him about Allu Arjun's team or film production team allegedly threatening them not to speak on the issue.
Meanwhile, state Cinematography Minister Komatireddy Venkat Reddy found fault with Allu Arjun responding on Saturday to the debate in the Legislative Assembly.
The minister, who observed that the actor should have respect for the government and the chief minister, demanded an apology from Allu Arjun to the government and the CM.
"This government is never vindictive. As Cinematography Minister, we allowed benefit shows and hiking ticket prices to promote the film industry," he said.
However, Union Minister of State for Home Bandi Sanjay Kumar found fault with CM Revanth Reddy for his comments on Allu Arjun in the Assembly on Saturday.
The comments of the CM sounded like character assassination of Allu Arjun and hurting the Telugu film industry, he alleged in a statement.
Later in the day, Sanjay Kumar visited a boy who is undergoing treatment in a hospital after being injured in the stampede.
"Consoled his father over the heartbreaking loss of his wife, Revathi. I pray to god that Sritej recovers at the earliest. Assured support to the family in this difficult time," Kumar said on X.
Earlier in the day, state DGP Jitender told reporters in Karimnagar district that film personalities and all others should understand that safety and security of citizens is utmost important, and also conduct themselves accordingly.
