This Article is From May 25, 2009

Nobody can tinker with national anthem: SC

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New Delhi: Refusing to entertain Bollywood director Ram Gopal Verma's petition against a Censor Board ruling on a controversial song in his forthcoming film "Rann", the Supreme Court has said that nobody has got the right to tinker with the national anthem.

"We have read it. It gives a total negative sense. It seems every line of national anthem has been proved wrong. Nobody has got a right to tinker with the national anthem," a Vacation Bench of Justices V S Sirpurkar and R M Lodha said.

The Bench made the observation while declining to quash the order passed by the Central Board of Film Certification (CBFC) on May 8 directing Verma to delete certain "objectionable" references made to the national anthem in "Rann."

Senior counsel Arun Jaitley's argument on behalf of the director that even parties like Congress-I, NCP and Trinamool Congress use the national tricolour with their respective party symbols failed to convince the bench, which asked the petitioner to approach the appellate tribunal of the CBFC on the certification issue.

The apex court then directed the appellate tribunal to dispose off Verma's petition within a month as and when it is filed.

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The CBFC has observed that the promo (of the film) contains song 'Jana Gana Mana Rann', the national anthem, which has been distorted and tampered with and mixed with other words and lyrics in a form other than the national anthem.

"The film violates guidelines 2(xix) of the section 5B 2 of the Cinematograph Act, 1952 and further violates the Rules/Orders relating to the National Anthem of India as given in the Prevention of Insult to National Honour act, 1971," it said.

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Verma had filed the appeal challenging the censor board's ruling.

In his petition, the film director submitted that a large number of political parties, including Indian National Congress and its offshoots including Trinamool Congress and Nationalist Congress Party, have party flags which are similar to national flag with a variation in the symbol at the center.

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"If a fallacious reading of the said section is undertaken, then the acts of such political parties will tantamount to mutilating, defacing, defiling, and disfiguring the national flag and therefore committing an offence under The Prevention of Insult to National Honour Act, 1971," the petition stated.
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