New Delhi, March 25 The Supreme Court on Wednesday refused to entertain a plea challenging a home ministry circular on singing the national song "Vande Mataram" at official events, stating that the directive was not mandatory.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi termed the plea filed by Muhammed Sayeed Noori as "premature" and based on "vague apprehension of discrimination".
Senior advocate Sanjay Hegde, appearing for Noori, said that 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.
"There is a penalty 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 under the guise 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".