The Madras High Court on Tuesday dismissed a public interest litigation (PIL) petition which sought action against Chief Secretary Girija Vaidyanathan for allegedly not playing Tamizh Thai Vazhthu and the national anthem during an official function attended by Prime Minister Narendra Modi to lay the foundation stone for an All India Institute of Medical Sciences (AIIMS) in Madurai on January 27.
Justices S. Manikumar and Subramonium Prasad refused to entertain the case after Additional Government Pleader E. Manoharan brought it to the notice of the court that the Chief Secretary had nothing to do with the event, which was handled directly by the Prime Minister’s office (PMO).
On his part, Assistant Solicitor General G. Karthikeyan told the court that it had become a habit for people to file frivolous cases for publicity.
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After hearing both of them, the judges said the litigant, Vembu, a 28-year-old follower of activist ‘Traffic’ K.R. Ramaswamy, failed to prove that it was mandatory to play the invocation song as well as the national anthem during such events. Though she relied on a circular issued by the Union Home Ministry, the Bench said the circular could at best create a customary practice, which could not be enforced by a court of law.
They also said that the petitioner had not produced any material to support her claim of being a social activist. In her affidavit, the petitioner relied upon the Home Ministry’s instructions, which listed the occasions when the anthem should be played, and they included functions organised by the government.