The Hindu : Front Page : Court to examine use of national anthem in films

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Saturday, Oct 22, 2005

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Court to examine use of national anthem in films

Legal Correspondent

Bench to study whether actors should stand up

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NEW DELHI: The Supreme Court said on Friday it would examine the question whether the national anthem could be commercially exploited in films.

A three-Judge Bench comprising Chief Justice R.C. Lahoti, Justice S.B. Sinha and Justice S.H. Kapadia said it would also examine whether actors in the films should stand up when the national anthem was being sung. The Bench said: "We will hear the petition on all points except the certificate issued for screening of the film by the Central Board for Film Certification."

The apex court in March this year held the audience watching the Hindi movie Kabhi Khushi Kabhi Gham was not required to stand up when the national anthem was sung as part of the movie.

The Bench was acting on a petition filed by one Shyam Narayan Chouksey seeking a review of a judgment that set aside the Madhya Pradesh High Court order asking the producer and director of the film, Yash Johar and Karan Johar, to delete that portion where the national anthem was sung in the movie.

They had successfully challenged the High Court order saying that since the national anthem was part of the movie, the audience was not required to stand up.

Mr. Chouksey had sought a review of the apex court judgment on the ground that the court had not adjudicated on the issue of commercial exploitation of the national anthem, raised in his petition before the High Court.

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