1 (912)PIL.86.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 86 OF 2011 Prof. Shreekant Malushte ...Petitioner Vs. Union of India & Ors. ...Respondents Mr. Niranjan Mogre, Advcoate for the Petitioner Mr. Anil Singh, Sr. Advocate a/w. Mr. Rajinder Kumar and Mr. D.P. Singh, Advocate for Respondent (UOI) Applicant in person in CAI. 163/2011 is absent CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 7 October 2011. P.C. 1. In this Petition in public interest, the Petitioner has prayed for directions to the broadcasting authorities of the Government of India including its own website, multiplexes, schools and colleges to use the correct text of National Anthem of India with regard to the word “Sindh”. 2. The learned Counsel for the Petitioner has relied upon the text of the National Anthem as issued by the Ministry of Home Affairs, Government of India. This was under circular No.40/3/1953 – Public dated 11.11.1953 containing the authentic ‘Full’ and ‘Short’ versions of the National Anthem the relevant part of which reads as under: “Panjab Sindhu Gujarata Maratha Dravira Utkala Banga, 2 (912)PIL.86.2011.sxw Vindhya Himachala Jamuna ganga Ucchhala Jaladhi Taranga” 3. However the contention of the Petitioner that the Constituent Assembly replaced the original word ‘Sindh’ by the word ‘Sindhu’ in the original song of Gurudev Rabindranath Tagore, as after partition of India Sindh province was “transferred to Pakistan” has not been established by the Petitioner and has been denied by the Respondents. The Respondents have stated in their affidavit that playing or singing the National Anthem using the words “Sindhu” as well as “Sindh” are correct. 4. The original poem was written in 1911 and first sung at the Congress Session on 27 December 1911. The English translation of the poem by Gurudev Rabindranath Tagore dated 28 February 1919 shows the word “Sind’ in the said stanza. 5. We may mention that the aforesaid stanza refers to several of the then provinces of the sub-continent of India and the names of a river amongst them would not be suitably placed and we must respect and honour the invocation of the names as composed by the great poet. We find no reason to defile the original script sung since 27 December 1911. 6. Consequently we find no reason to issue any writ or directions as prayed for upon the text of Full and Short versions as also the other versions in Roman, and Devnagri Scripts. 7. We may mention that a controversy with regard to the very use of the word “Sindh” in the National Anthem came up for consideration before the Supreme Court in Writ Petition (Civil) No.16 of 2005 in the case of Sanjeev Bhatnagar Vs. Union of India CDJ 2005 SC 892 . 3 (912)PIL.86.2011.sxw 8. The Supreme Court by judgment dated 13 May 2005 2005(4) SCJ 560 after tracing the original text of the National Anthem, and seeing how it was adopted, ultimately dismissed the Petition with the following observations: “ 14. Having heard the petitioner appearing in-person, the learned Attorney General for the Union of India and the several counsel for intervenors led by Mr. Ram Jethmalani, Senior Advocate, and a few intervenors appearing in-person, we are satisfied that the petition is wholly devoid of any merit and is liable to be dismissed. The main plank of the petitioner’s case is that the geographical region known as ‘Sindh’, was a part of India pre-partition (i.e., before 15th August, 1947) and ever since then it is not a part of India, and therefore, the use of the word ‘Sindh’ in the National Anthem is misplaced and deserves to be deleted for which an appropriate direction needs to be issued to the Union of India. In our opinion, the submission is misconceived for very many reasons which we proceed to summarize herein below. 15. A National Anthem is a hymn or song expressing patriotic sentiments or feelings. It is not a chronicle which defines the territory of the nation which has adopted the anthem. A few things such as _ a National Flag, a National Song, a National Emblem and so on, are symbolic of our national honour and heritage. The National Anthem did not, and does not, enlist the states or regional areas which were part of India at the point of time when it was written. Nor is it necessary that the structure of the National Anthem should go on changing as and when the territories or the internal distribution of geographical regions and provinces undergoes changes. Very recently Uttaranchal, Chhattisgarh and Jharkhand have been carved out by reorganizing certain states. Does it mean that the National Anthem should be enlarged, re- written or modified to include the names of these new states ? The obvious answer is no. The National Anthem is our patriotic salutation to our motherland, nestling between the Himalayas and the oceans and the seas surrounding her. The mention of a few names therein is symbolic of our recollection of the glorious heritage of India. ‘Sindh’ is not just a geographical region. It refers to the place and to its people. Sindhis are spread throughout the country and they derive their such name as having originated and migrated from Sindh. ‘Sindh’ also refers to the river ‘Sindhu’ or ‘Indus’. It also refers to a culture, one of the oldest in the world and 4 (912)PIL.86.2011.sxw even modern India feels proud of its having inherited the Indus Valley Civilisation as an inalienable part of its heritage. River Indus (Sindhu) finds numerous references in the Indian Classical Literature including Rig Veda. 21. We are satisfied that the petitioner is not entitled to the relief prayed for. The petition is wholly devoid of any merit. The petition is not in public interest. It is a petition which should never have been filed. It is more of the publicity interest litigation wherein the petitioner seems to have achieved his purpose. To discourage the filing of such like petitions which result only in wasting the valuable time of this Court, we direct the petition to be dismissed with costs quantified at Rs.10,000/-.” 9. The Petition is, therefore, dismissed with costs. CHIEF JUSTICE ROSHAN DALVI, J.