Jammu, July 09: J&K High Court on a writ petition by Dr Tawseef Ahmad Bhat who had challenged an FIR registered by Police Station, Bani, against him under Section 3 of Prevention of Insult to National Honour Act has ruled that not standing up while the Indian National Anthem is being sung or standing up but not singing it may be disrespect to the National Anthem, but it is not an offence under Prevention of Insult to National Honour Act 1971.
A bench of justice Sanjeev Kumar said that it is only if the conduct of a person amounts to preventing the singing of Indian National Anthem or causing disturbance to any assembly engaged in such singing, it entails penal consequences in terms of Section 3 of the Act.
The Court further said that not standing up while the Indian National Anthem is being sung or standing up but not singing the National Anthem along with members of the assembly engaged in such singing may amount to disrespect to the National Anthem and a failure to adhere to a fundamental duties enumerated in Part IV-A of the Constitution of India but is not an offence as defined under Section 3 of the Act.
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