The petition coming on for preliminary hearing was heard at length.

2. It is contended that it is the misfortune of the petitioner that process is issued against him for the alleged commission of an offence under Section 3 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as 'the Act' for brevity).

3. The facts as are relevant for a consideration of this petition are as follows:

The petitioner is the founder and former Chief Executive Officer of a leading Software Services Company based in Bangalore, known as Infosys. It is said that Infosys has set up a "Corporate Education Centre" at Mysore. Upon learning that Dr. A.P.J. Kalam, the then President of India was scheduled to visit Mysore on April 8, 2007, the petitioner, had invited the President of India to visit the Infosys Campus at Mysore, by a letter dated April 6, 2007, which was accepted. For purposes of maintaining protocols, the Deputy Commissioner of Mysore had provided detailed directions to be followed for the President's visit. According to the petitioner the President of India had arrived at the Infosys Campus on April 8, 2007 at about 3.30 p.m. There was a rendition of the instrumental version of the National Anthem on his arrival, before he addressed the gathering. After the President of India had addressed the gathering and after the delivery of a vote of thanks, the instrumental version of the National Anthem is said to have been played.

4. It transpires that as a contingent of media personnel were present on the above occasion, a press conference was organized. During the press conference, one of the pressmen is said to have posed a question to the petitioner as to why the National Anthem was not sung vocally, when the President of India arrived at the venue and when he departed from the venue, though the instrumental version of the National Anthem was played. The petitioner is said to have replied that a large majority of those present at the function were foreigners, in order to avoid embarrassment to them, it was decided that the National Anthem would not be sung vocally, even though a choir appointed for the purpose was present. It transpires that the statement of the petitioner to the above effect, sparked off angry debates in the media and elsewhere.

5. A forum known as Karnataka Rakshana Vakeelara Vedika had lodged a complaint before the II Additional Chief Metropolitan Magistrate, Bangalore, as on 3-5-2007 in case No. PCR.771 0/2000 alleging that the above statement of the petitioner was as affirmation of an act amounting to an offence under Section 3 of the Act. The Magistrate's Court having taken cognizance of the complaint and process having been issued, the same was challenged by the petitioner before this Court under Section 482 of the Code of Criminal Procedure, 1973. The said petition having been contested, this Court by its order dated 14-8-2007 allowed the petition. This Court has held that the Court of the Magistrate at Bangalore had no territorial jurisdiction to try the offence and that the complaint ought to have been returned for presentation to the proper Court. It was also held that "since the Act does not bar playing musical version of the National Anthem, it cannot be said that the petitioner had committed the offence under Section 3 of the Act". The petition was allowed and the proceedings before the Court of the Magistrate were quashed.

6. The present writ petition is filed in the wake of yet another complaint, dated 8-5-2007 before the Court of the Judicial Magistrate First Class (II Court) at Mysore in PCR. No. 462/2007, by one Shri. H.N. Nanje Gowda, who has alleged that the petitioner has not followed the protocol extended to the President of India, which requires the National Anthem to be sung by the entire gathering, inviting the President of India at the function, as a National honour. Instead the petitioner has willfully prevented the singing of the National Anthem, while only a recorded, ins