Not standing or singing for the national anthem is not a crime Interrupting or obstructing a gathering falls under the category of insult: High Court The Jammu and Kashmir High Court has ruled that standing or not singing during the national anthem may be disrespectful but it is not a crime. A bench of Justice Sanjeev Kumar said that not singing the national anthem is not a crime. "This is when a person takes action which is tantamount to banning the singing of the Indian national anthem or disrupting any gathering engaged in such singing, under which he shall be punished in accordance with the provisions of Section 3 of the Act." The court ruled that "when the Indian national anthem is being sung or standing for it, to do the opposite would be an insult to the national anthem but the basic duties enshrined in Part 4A of the Constitution of India." The court passed the order in a writ petition filed by Dr Tauseef Ahmed Bhatt seeking restraint of the FIR against the police station bunny for insulting the national honor in the name of section 3. As a lecturer, Government Degree College has filed a petition through lawyer Mian Qayyum Butt stating that on September 29, 2018, the college was carrying out a surgical strike by the Indian Army against the neighboring country. Butt said, "At the request of the college clerk, he stopped the class work and allowed the students to attend the ceremony and he also joined the students. Butt said the ceremony began with the singing of the national anthem and was accompanied by staff when the national anthem was being sung. Butt said that when he was taking the BA fifth semester exam Some students came and informed them that a group of students were protesting on the college premises on the grounds that they had insulted the national anthem. Following the provocation of computer clerk Pawan Sharma, the protesting students approached SDM, Bani with a written request. The petition was forwarded by SDM, Bani to Bani police station, under which it was directed to register an FIR. The petitioner said that the FIR was registered against him on the basis of the instructions issued by SDM. Was done and then interrogated. Butt said that he lost his contract appointment due to the registration of FIR. Butt challenged the FIR on the ground that he became a sub-divisional magistrate, who exercised his powers, executive magistrate, class 1, He had no authority. Only the Judicial Magistrate Class I has the power to issue such directions. He also claimed that the allegations contained in the FIR are not an offense under Section 3 of the Act. There was no allegation that he sang the national anthem. Interrupted or interrupted a gathering to sing the national anthem. The court said, "The magistrate is empowered under sub-section (3) of section 156 of the Code of Conduct to direct the police to register an FIR and investigate any identifiable case. A judicial magistrate is not. That the Executive Magistrate. "It is clear from an FIR's view that the police not only registered the FIR on the direction of the SDM but also took note of the contents of the application. The court concluded that the Executive Magistrate Does not have the power to direct the police to lodge an FIR on the basis of a complaint lodged with it, but if information about an investigable offense is brought to the notice of an executive magistrate, who, after investigation, finds out If such a crime is committed, he can send the police to investigate.