National Anthem Honor: Big Boss Case 2012

CASE NO: W.P.(C) 6611/2012

TITLE: JEETENDER GUPTA vs UNION OF INDIA & ORS.


JUDGEMENT:

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 6611/2012


JEETENDER GUPTA ..... Petitioner

Through: In-person


versus


UNION OF INDIA AND ORS ..... Respondents

Through: Mr. Rajeeve Mehra, ASG with

Mr. Himanshu Bajaj, Adv. for UOI

Mr. Vibhu Bhakru, Sr. Adv. with Mr. Ameet Naik, Mr. Harshvardhan Jha,
Advocates for Respondent No.3



CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW



O R D E R


17.10.2012

1. This petition, as pro bono publico, seeks for a direction to the Union of India, Ministry of Information and Broadcasting and the Press Council of India to take action against M/s Colors TV and M/s PVR Limited, respondents No.3 and 4 respectively, for violation of provisions of The Prevention of Insults to National Honour Act, 1971 and The Emblems and Names (Prevention of Improper Use) Act, 1950. It is submitted by the petitioner that his representation dated 8th October, 2012 to the respondents No.1 and 2 has not been acted upon. By that representation, the petitioner has alleged that Colors TV channel for promotion of its TV programme Big Boss is displaying an advertisement in movie theatres wherein a visual is displayed showing logo of TV programme Big Boss along with an audio demanding Big Boss Chahte Hai Ki Aap Rashtriya Gaan Ke Liye Khade Ho (Big Boss wants you to stand for National Anthem). The petitioner alleged that the above mentioned advertisement as promotion of TV programme allegedly constitutes misuse of National Anthem. Similarly the above advertisement was observed in multiple theatres known as PVR cinemas, the respondent No.4 herein, and in fact it was played before movies of different languages including English movies. With various similar grievances, the petitioner had requested the respondents No.1 and 2 to take action.

2. The Additional Solicitor General who is present in Court has submitted that the competent Ministry to take action would be the Ministry of Home Affairs. In the absence of any representation to the said Ministry, the petition cannot be heard as the representation was made only to the Ministry of Information and Broadcasting.

3. We have also heard learned counsel for the petitioner.

4. In our opinion, the representation dated 8th October, 2012, though has been made to the Ministry of Information and Broadcasting, should be looked into by the concerned Ministry, i.e. Ministry of Home Affairs in the wake of the serious allegations brought to the misuse of National anthem. For that reason, we direct the writ petition to be considered as a representation made to the Ministry of Home Affairs and the grievance made in the writ petition, particularly in the representation dated 8th October, 2012, shall be looked into and necessary action shall be taken in accordance with the provisions of the two Acts which have been referred to by the petitioner. Such a decision shall be taken within a period of one week from today.

In view of the above, the writ petition is disposed of.

Order dasti under the signatures of the Court Master to counsel for the parties.


CHIEF JUSTICE


RAJIV SAHAI ENDLAW, J


OCTOBER 17, 2012



REFERENCE LINKS:

http://www.indianexpress.com/news/national-anthem-used-to-promote-big-boss-6-show-centre-asked-to-act/1018054/

http://www.business-standard.com/article/beyond-business/bigg-boss-in-legal-trouble-for-exploiting-national-anthem-112101900120_1.html

http://movies.ndtv.com/television/court-frowns-on-tv-channel-for-using-national-anthem-to-promote-bigg-boss-6-281112

http://m.oneindia.in/news/2012/10/18/bigg-boss-to-go-off-air-for-disrespecting-national-anth-1086107.html

http://ibnlive.in.com/news/bigg-boss-action-against-colors-for-using-the-national-anthem-for-promotion/300996-44.html

http://www.hindustantimes.com/Entertainment/Television/BIGG-BOSS-in-national-anthem-row/Article1-946184.aspx

http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/plea-against-use-of-national-anthem-in-bigg-boss-6/article4011457.ece