Friday, February 4 2005 14:58 Hrs (IST) - World Time -

Indore: A local court in Indore has ruled that if a person is not standing in 'attention position' during the National Anthem, then, prima facie it is not a crime as it is the moral duty of a person to do so.

Dismissing a complaint filed by Tiranga Abhiyan, the judgement in this regard was delivered by Judicial Magistrate First Class (JMFC), Narendra Jain on February 2, dismissing a complaint filed by 'Tiranga Abhiyan' alleging that Union Railway Minister Laloo Prasad and his wife Bihar Chief Minister Rabri Devi, had violated the section 3 of Prevention of Insult to National Honour Act of 1971 and sub-section 3 of section 2 of the National Flag code of 2002.

The complainant, Ravi Atrolia, had filed a complaint on the basis of a photograph showing the couple sitting while others were standing in attention position when the National Anthem was played at a function in Bihar. The photograph was published in Indore on January 5.

The judge ruled that under the 1971 Act, any action of a person causing 'obstruction' when the National Anthem is played is considered as 'crime'. But in the present case, first, it was not established by the photograph that National Anthem was played at that time and secondly, the act of couple (sitting) has not caused any 'obstruction' in the entire ceremony and therefore, it cannot be construed as a crime.