Calcutta High Court Questions Validity of PIL on 'Vande Mataram' Protocol
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Kolkata, March 5 (NationPress) A bench of the Calcutta High Court raised concerns on Thursday regarding the legitimacy of a public interest litigation (PIL) that disputes the comprehensive guidelines released by the Central government concerning the official protocol for the performance of the national song 'Vande Mataram'.
The bench, consisting of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, instructed the petitioner to present logical evidence to substantiate the validity of the PIL.
During the afternoon hearing, Additional Solicitor General Ashoke Chakraborty was the first to bring up the issue of the PIL's admissibility, asserting that it was solely in the self-interest of the petitioner.
“Matters concerning the sovereignty and national security of our country are intertwined with the national song. Is this issue truly fit for judicial determination? The petitioner must first establish the foundation of this public interest litigation; otherwise, they could face significant penalties,” Chakraborty contended.
In response, the petitioner's attorney, Bikas Ranjan Bhattacharya, a senior advocate and CPI-M Rajya Sabha member, argued that the primary argument of the PIL is against the Union government’s directive issued on January 20 of this year to all state chief secretaries, mandating that the full official version of 'Vande Mataram', which includes six stanzas and lasts about three minutes and ten seconds, is to be performed or played during important state events.
“In 1937, certain portions of this song were acknowledged as universally acceptable by India’s first Prime Minister, Jawaharlal Nehru, based on the advice of Gurudev Rabindranath Tagore. Only that specific segment was granted the status of the national song, as it was reasoned that the phrases in the remaining stanzas might disrupt communal harmony. Consequently, Tagore suggested the exclusion of those additional stanzas, which the Constituent Assembly later approved in the Indian Constitution,” Bhattacharya elaborated.
Following this, the division bench instructed the petitioner’s counsel to furnish logical evidence to verify the admissibility of the PIL.
The bench also noted that suitable evidence should be provided to support the historical narratives that form the basis of the public interest litigation.
The next hearing in this case has been scheduled for March 23, by which time the counsel must submit the relevant evidence to the court.