The distinguished jurist told the Indian Express, that the ruling was an instance of judicial over-reach. "In my opinion, the order is per incuriam [an order that is passed in disregard of a binding authority]," Sorabjee said.
Sorabjee explained that such a law will prove to be unenforceable and some of its provisions are impractical. The order to keep cinema hall exits closed when the national anthem is being played goes against safety rules and the order for everyone to stand up when the national anthem is being played disregards individual handicaps and religious or personal convictions.
"How can the court compel a cinema theatre to play the national anthem? Can the cinema hall owners be hauled up for disrespecting the national anthem if some of the patrons did not stand up when it was being screened? There are many questions which are not answered by the court in its interim directions," Sorabjee told the Times of India.
Sorabjee cited the landmark Bijoe Emmannuel judgement in which the Supreme Court upheld the rights of three school students in Kerela not to sing the national anthem as their religious beliefs forbid them from doing so.
"At the next hearing, somebody, maybe the AG, should appear and tell the court you can't pass such orders," the former Attorney General said. "And, the court should listen."