Mamata Banerjee moves HC in national anthem ‘disrespect’ case

West Bengal chief minister Mamata Banerjee has approached the Bombay high court seeking quashing of a summons issued to her by the Sewri metropolitan magistrate court based on a complaint filed by state BJP functionary Vivekanand Gupta, alleging that she had disrespected the national anthem while on a visit to the city

MUMBAI: West Bengal chief minister Mamata Banerjee has approached the Bombay high court seeking quashing of a summons issued to her by the Sewri metropolitan magistrate court based on a complaint filed by state BJP functionary Vivekanand Gupta, alleging that she had disrespected the national anthem while on a visit to the city.

Kolkata, Mar 14 (ANI): West Bengal Chief Minister Mamata Banerjee speaks during the 150th birth anniversary celebrations of Sri Aurobindo at Alipore Bar Association, in Kolkata on Tuesday. (ANI Photo) (Sudipta Banerjee)

Banerjee has stated in her appeal that the summons should have been quashed by the sessions court, which was hearing her challenge, rather than directing the magistrate to look at the complaint afresh.

The appeal filed by Banerjee through MZM Legal has claimed that the January 12 order of the special judge which set aside the summons issued to her by the magistrate court on procedural grounds was not maintainable as it had sent back the application to the magistrate. The appeal claims that the special judge could not have remanded the complaint back to the magistrate as the application was for quashing the summons.

The complaint filed by Vivekanand Gupta, BJP Mumbai secretary, had alleged that while attending a function at Yashwantrao Chavan Auditorium in January 2022, Banerjee remained seated when the national anthem was being played and stood up midway and walked away abruptly. Gupta had approached the magistrate court after the Cuffe Parade police station had not taken cognisance of his complaint.

In his suit filed before the Sewri magistrate court, Gupta claimed that Banerjee had disrespected the national anthem and hence should be prosecuted under the Prevention of Insults to National Honor Act.

The magistrate court in its order had noted, “It is prima facie evident from the complaint, video clip in the DVD and video clips on YouTube links, that the accused had sung national anthem and stopped abruptly and left the dais, which prima facie prove that the accused has committed punishable offence under the section 3 of the Prevention of Insults to National Honor Act.” The court had then issued summons to Banerjee and asked her to respond till March 2.

However, Banerjee had challenged the summons in the sessions court and had sought quashing of the same, but the sessions judge RN Rokade passed an order on January 12, 2023, and set aside the summons and asked the magistrate to reconsider the complaint.

The appeal is expected to come up for hearing on March 27.