(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Shyam Narayan Chouksey __________________________ Petitioner
v.
Union of India & Ors. _____________________________ Respondent(s)
Writ Petition (Civil) No. 855/2016, decided on October 23, 2017
And
With W.P.(C) No. 98/2017 (PIL-W)
The Order of the court was delivered by
Order
I.A. No. 11/2017 in W.P.(C) No. 855/2016
1. This is an application for recall of this Court’s order dated 30th November, 2016.
2. Heard Mr. C.U. Singh, learned senior counsel for the applicant. The said application is strenuously opposed by Mr. K.K. Venugopal, learned Attorney General for India, Mr. Rakesh Dwivedi, learned senior counsel for the petitioner, Mr. V.K. Biju, learned counsel appearing for the intervenor and Mr. Vikas Singh, learned senior counsel who has filed an independent petition. Mr. Vikas Singh submits that he will restrict his prayer to National Anthem and also echoes the same voice that has been raised by Mr. Dwivedi and Mr. Biju.
3. In the course of hearing, we have also been apprised that in the State of Maharashtra as well as in the State of Chhattisgarh there have been notifications with regard to playing of National Anthem before the starting of a feature film in the cinema halls prior to the order of this Court.
4. The submission of the learned Attorney General is that because of the vast diversity in the country based on religion, race, caste and even region, it becomes necessary to have uniformity which should be cultivated by playing the National Anthem so that when people come out from the cinema halls, instilling the belief that they are all Indians. Be that as it may. In this context, he has referred to Article 51A(a) of the Constitution of India.
5. Having heard learned counsel for the parties for some time, we think it appropriate that the Central Government should take a call in this regard and, if necessary, as advised, may bring out the requisite notification or circular or rules. When we say ‘take a call’, needless to say, the discretion rests with the Central Government. The discretion has to be exercised without being influenced by our interim order. We may further emphasize that the discretion may be utilized to regulate in an inclusive manner or as the Central Government feels fit.
6. Let the matter be listed on 9th January, 2018.
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