Madhya Pradesh High Court Issues Notice On PIL Over ‘Vande Mataram’ Disrespect By Indore Councillors
Refusal to Recite ‘Vande Mataram’: Madhya Pradesh High Court Seeks Response from Indore Councillors
The High Court of Madhya Pradesh at Indore has issued notice in a public interest litigation alleging that two elected Councillors, Mrs. Rubina Iqwal Khan and Mrs. Fauzia Shaikh Aleem, of the Indore Municipal Corporation refused to recite the National Song ‘Vande Mataram’ and showed disrespect during official proceedings, raising questions on constitutional duties and statutory obligations linked to national honour.
The division bench comprising of Justice Vijay Kumar Shukla and Justice Alok Awasthi was hearing a petition filed by Yogesh Hemnani contending that the conduct of the councillors violates the fundamental duty enshrined under Article 51A(a) of the Constitution of India. The petitioner appeared in person.
The provision under Article 51A(a) of the Constitution mandates every citizen “to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.” The petitioner further argued that such conduct may attract penal consequences under the Prevention of Insults to National Honour Act, 1971.
Recording the submissions at the preliminary stage, the Court directed issuance of notice to the respondents. The State respondents were represented by Government Advocate Shri Pradyumna Kibe, who accepted notice on advance service for respondent Nos. 1 to 4, the state of Madhya Pradesh, Principal Secretary Urban Development, Commissioner (Revenue) and Commissioner of Police.
As regards the private respondents, who are stated to be councillors, the Court ordered that notice be issued on payment of process fee within three working days through registered post with acknowledgment due, making it returnable within two weeks.
The order read as "Let notice be issued to the respondents No.5 & 6 on payment of PF within three working days by Registered AD mode, with due acknowledgement, returnable within two weeks."
The matter has been listed for further hearing in the week commencing May 11, 2026.
Case Title: Yogesh Hemnani v. The State of Madhya Pradesh Through Secretary Government of Madhya Pradesh and Others
Date of Order: April 16, 2026
Bench: Justice Vijay Kumar Shukla and Justice Alok Awasthi