‘Naxal’ jibe by Solicitor Mehta fuels a heated exchange in SC hearing plea challenging Vande Mataram

During a hearing of the challenge to the recent legal amendments made that makes not singing Vande Mataram a penal offence, the use of the word Naxalite by the government lawyer ignited confrontation in the Supreme Court on Tuesday. Senior advocate S. Murali Dhar, who was arguing the petition filed by singer T.M. Krishna, allegedly offended the use of the word. However, Solicitor General Tushar Mehta refused to withdraw his comment.

“Law-making should not be [as per] Naxalites,” Mehta had remarked, after Muralidhar argued that a top-down approach to law-making was not appropriate.

Immediately responding to the offensive comment, Murlidhar, who is a former High Court judge, said, “He should withdraw this. This is going live. Let him repeat! This was unnecessary. Some decorum is to be observed. We don’t expect this from law officers.”

Remaining steadfast on his comments, Mehta said he would repeat it once again and maintained that he is not sorry about what he said.

The bench of Chief Justice Dipanjasu Ryakant and Justice Jayamala Bhatia and V. Mohanavan was hearing the case.

Carnatic singer T. M. Krishna has challenged the amendment made earlier this year to the section of the Prevention of Insults to the National Honour Act, 1971. Under the amended provision, it is punishable with an imprisonment of up to three years to intentionally prevent the singing of national anthem or the national song Vande Mataram. Since the national song is understood as the first two stanzas, the government in a separate order made singing all six stanzas mandatory.

Krishna also challenged the Ministry of Home Affairs direction requiring all stanzas to be sung at specific government, ceremonial and cultural occasions. His argument aligns with some contentions made during the independence movement that the latter four stanzas of the song expressly invoke devotion to Hindu deities. He highlighted that mandating their singing violates the secular character, secularism of the nation and thus the amendment furthers a majoritarian religious message.