An affidavit from the Ministry of Home Affairs said until an inter-ministerial committee constituted by the government comes out with its recommendations, the SC could restore its position to before the order was passed.
Photo courtesy: Twitter/@dnttxtanddrvOne would think that a request to cancel the order making it mandatory for all cinema halls to play the national anthem before a movie and the audience to stand for the duration of it would come from critics of the controversial order passed by the Supreme Court on November 30, 2016.
However, it was the Modi government that made a request in this regard with the apex court on Monday, a day before the 'Shyam Narayan Chouksey Vs Union of India' is to come up before the Supreme Court again.
Explaining the somersault on the issue, an affidavit from the Ministry of Home Affairs (MHA) said that until an inter-ministerial committee constituted by the government comes out with its recommendations within six months, the SC may restore the position to what it was prior to November 30, 2016.
"The aforesaid committee has been constituted to look into all aspects relating to the playing or singing of the national anthem upon consideration of the recommendations made by the committee. The government may bring out the requisite notification or circular or rules in this regard, if required," said the affidavit.
"This Hon'ble court may consider the restoration of status quo ante until then, i.e. restoration of the position as it stood before the order passed by this Honble court on 30.11.2016," said the affidavit filed by Deepak Kumar, Under Secretary in the Home Ministry.
On October 23 last year, the case in which the SC had ruled that cine-goers must stand up for the national anthem to show their "respect for the motherland" saw a major twist with serious differences emerging between Chief Justice Dipak Misra who authored the order and the judge who shared the bench with him.
Justice DY Chandrachud said that "one need not wear patriotism on his sleeve" and people went to the movie hall for undiluted entertainment.
He also said a person who does not stand up nor sing the anthem should not be seen as an anti-national. Eventually the bench decided that it would be best if the government frames rules and regulations in this matter.
"The framing of guidelines describing circumstances and occasion on which national anthem is to be played or sung and observance of proper decorum on such occasions, require extensive consultations with various ministries. This is why the government has decided to constitute an inter-ministerial committee," the affidavit said.
Watch: Those who don't want to sing can go to Pakistan, says Jaipur Mayor Ashok Lahoti