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You don’t have to stand up at a cinema hall to prove patriotism, says Justice Chandrachud

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[vc_row][vc_column][vc_column_text]The Supreme Court on Monday agreed to consider a plea to modify its order that made the playing of the national anthem in cinema halls mandatory, even as the Centre opposed the move.

The apex court asked the Centre to take a call on the issue and consider amending the national flag code to regulate the matter, and frame rules by January 9.

The hearing of the case saw Justice Chandrachud making some interesting remarks on the issue after Attorney General for India KK Venugopal argued for playing of the National Anthem in cinema halls on the ground that it fosters national unity in a vast and diverse country like India, and is supported by Article 51A of the Constitution.

A Supreme Court Bench headed by Justice Dipak Misra, now the Chief Justice of India, had on November 30, 2016 passed an order making it mandatory to play the National Anthem before every show in cinema halls and for cinema-goers to stand up while it was played. Justice Misra had reasoned that the practice would “instil a feeling of committed patriotism and nationalism”. The Bench had described the playing of the anthem in cinema halls as an opportunity for the public to express their “love for the motherland”.

On Monday, Justice DY Chandrachud questioned the rationale, saying there is no need for an Indian to “wear his patriotism on his sleeve”. Justice Chandrachud was part of a three-judge Bench led by Chief Justice of India Dipak Misra hearing a petition filed by Kodungalloor Film Society in Kerala to recall the November order.

“Next thing will be that people should not wear T-shirts and shorts to movies because it will amount to disrespect to the National Anthem… where do we stop this moral policing?” Justice Chandrachud said.

Media reports said that Justice Chandrachud referred to the Flag Code to observe that “there is no mandate that people should stand up when the National Anthem is sung in a cinema hall. This is obviously because a cinema hall is a place for entertainment… People go to cinema halls for undiluted entertainment. Why should we make choices for them? Why should we assume that if someone doesn’t stand up for anthem in the cinema hall, he is not patriotic?”

“You don’t have to stand up at a cinema hall to be perceived as patriotic,” Justice Chandrachud said.

At one point, Justice AM Khanwilkar reacted to lawyers’ submissions that the National Anthem is played in cinema halls in States like Maharashtra and Chhattisgarh, saying if it is good for Maharashtra, it may be good for other States.

Justice Chandrachud, however, took a leaf from his childhood, remarking that he had witnessed people leaving the cinema hall when the Anthem is played after the show. “Maybe that was why it was stopped… because of the disrespect,” Justice Chandrachud said.

The judge was responding to submissions by Attorney General KK Venugopal, for the Centre, in support of the November 30, 2016 order. Venugopal submitted that playing the National Anthem in cinema halls and standing up as a mark of respect for it fosters a sense of unity in a country diverse in caste, religion and regions. The AG submitted that playing the Anthem would be a “unifying force” so that “when people come out of the theatre they will believe that we are all Indians”.

“Its purpose is the loyalty of the population, to neutralise divisiveness, foster unity in diversity. It is the duty of every citizen under Article 51-A (a) to abide by the Constitution, respect its ideals and institutions, the National Flag and the National Anthem,” Venugopal submitted.

Justice Chandrachud disagreed. He said Article 51A is very broad and also makes it the fundamental duty of citizens to “develop scientific temper, humanism, spirit of inquiry”, etc. “Are we [Supreme Court] supposed to enforce all this? As the government, you have the power. You take the call. Why should we take your burden?” said Justice Chandrachud.

“If the court is supposed to enforce respect for the National Anthem on citizens, it should also enforce the other fundamental duties in Article 51A? You know what is good for the goose is also good for the gander, right?” Justice Chandrachud asked Venugopal.

When one of the lawyers said some missionary schools refused to play the National Anthem, Justice Chandrachud, who authored the majority verdict declaring privacy as a fundamental right, retorted: “I studied in a missionary school. We sang both the National Anthem and ‘Our Father’. For us both were equally important.”

Justice Chandrachud said cultural and social values are imbibed from parents and teachers and not what courts enforce through its orders.

The judge indicated that it was for the government to take the call on whether it wants the Flag Code to be amended to make it mandatory for cinema halls to play the anthem.

Towards the end of the hour-long hearing, Chief Justice Misra suggested a change in the language of the November 2016 order, which had the effect of making the playing the anthem optional, The Hindu reported.

However, Venugopal said the government would take a call. Finally, the court left it to the discretion of the government to bring out any notification, if necessary, to take a call to make or not make the playing of the National Anthem mandatory in cinema halls, uninfluenced by the Court’s earlier order.

The case was posted for hearing on January 9, 2018.[/vc_column_text][/vc_column][/vc_row]

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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