Breaking News

Case Summary : Shyam Narayan Chouksey Vs. Union Of India & Others 2018 8 SC.

Shyam Narayan Chouksey Vs. Union Of India & Others.2018 8 SC.

AUTHOR : ARTHI M

CASE NAME

Shyam Narayan Chouksey Vs. Union Of India & Others 2018 8 SC.

CITATION

CIVIL NO 855 OF 2016

BENCH

HON’BLE JUSTICE MR. DIPAK MISRA

INTRODUCTION

In this case the Petitioner approached a court under article 32 of the constitution for issue of writ of mandamus or any other appropriate writ, order or direction commanding the respondents to take appropriate steps for including in the public a proper sense for paying due respect to the national anthem, to issue writ or order or direction to be what required has to be done and not to be done when national signature not verified anthem Is being played or sung; to specify what will constitute digitally signed by CHETAN KUMAR and to restrain the use of national anthem for any commercial exploitation or to gain financial advantage in any manner.

FACTS

Since in this case the prayer was to respect the national anthem, and national anthem should not be used for any commercial exploitation to gain any financial advantage and national anthem should not be printed on any undesirable object or display it in any manner at the place where it is dis graceful and may tantamount to showing the disrespect of the national anthem.

ISSUES AND FACTS OF LAW

-whether for article of the constitution can issue writ of mandamus?

-whether not singing of national anthem if an offence?

-whether the printing of national anthem in a public place is punishable?

-whether national anthem can be used for financial or commercial purpose?

-whether a national anthem can be sung in public place?

JUDGMENT

The writ petition is there accordingly disposed of. There shall be no order as to the costs.

ANALYSIS

Since the writ petition which was pending In the court they disposed of by giving some of the following directions as  to citizens and persons are bound to show respect as required under executive orders relating to the national anthem of india and for prevailing the law whenever it is played or sung on specific occasions.