CHENNAI: The Madras High Court has closed a plea challenging the placement of Tamizh Thaai Vaazhthu in the third position during official functions, after noting that the Tamil Nadu government has reaffirmed that the State Song will be sung at the beginning of programmes.
A division bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan closed the plea after taking note of the revised circular allowing States to decide when to render their State songs, and the Tamil Nadu Government Order reaffirming that Tamizh Thaai Vaazhthu shall be sung at the beginning of programmes across educational institutions, government offices and other establishments.
The Bench held that the petitioner's grievances had been addressed by the circular and the Government Order, leaving no further issue for judicial determination.
The petition, filed by Ananya Radhakrishnan, contended that placing Tamizh Thaai Vaazhthu in the third position during the ceremony caused deep anguish among the people and amounted to an unwarranted dilution of the ceremonial dignity traditionally accorded to the State Song.
According to the petitioner, the Ministry of Home Affairs' January 28 circular, titled "Orders Relating to the National Song of India", does not impose any constitutional, statutory or executive prohibition against commencing official State functions with an officially recognised State Song. The plea stated that the circular merely regulates the order between the National Song and the National Anthem when both are rendered together and is silent on State Songs, including Tamizh Thaai Vaazhthu.
The plea sought to quash the January 28 circular and direct the authorities to issue appropriate protocol guidelines ensuring that Tamizh Thaai Vaazhthu is rendered at the commencement of official State functions and constitutional ceremonies, and is not relegated to a position subsequent to Vande Mataram or the National Anthem in the absence of any express constitutional, statutory or binding executive mandate.
During the hearing, the Union government informed the court that when a State Song is rendered along with the National Song and National Anthem, Vande Mataram must precede Jana Gana Mana. It added that States have full discretion to decide when to render their State Song in a programme.
The Government informed the court that the circular did not specify the order in which a State Song was to be rendered and that the discretion was left to the respective State. The court was also informed about the recent order issued by the Tamil Nadu Government.
The Bench held that the administrative updates had addressed the grievances and dismissed the writ petition as infructuous. All connected miscellaneous petitions were also closed.