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SC upholds Delhi HC order refusing legal protection to ‘Vande Mataram’ on par with ‘Jana Gana Mana’

Published on 12 Dec 2017 by Team

Image courtesy - lacaco.com

The Supreme Court has dismissed a special leave petition against Delhi High Court order refusing the plea seeking legal protection to Vande Mataram at par with Jana Gana Mana.

The three-judge bench headed by Chief Justice of India Dipak Misra, along with Justice AM Khanwilkar and Justice DY Chandrachud, after hearing senior counsel Pravin H Parekh in the matter, dismissed in limine the special leave petition filed against the Delhi High Court  order.

The Delhi High Court bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar had dismissed a plea moved by Gautam Morarka who had sought an amendment in the Prevention of Insults to National Honour Act, 1971, to incorporate provisions with respect to the national song ‘ Vande Mataram ’ to ensure the respect and dignity which the national song deserves on par with the national anthem.

The high court had observed that ‘Vande Mataram’ is inseparably linked with the freedom struggle as is noted by the committee and the respondents as an eternal song which commands respect and love without it being managed or enforced by the long arm of the law. It is acknowledged that this song has become synonymous with valour and dedication and love for one’s motherland, the bench had observed.

While dismissing his plea, the high court bench had observed: “Though there can be no dispute with the writ petitioner that the song ‘ Vande Mataram ’ deserves the regard and respect which has been recognized by the respondents and has been noted by the Supreme Court of India in the aforesaid order, we are unable to grant the prayers made in the writ petition.”

Source – livelaw.com


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