National anthem disrespect case: Court orders police to probe allegations against Mamata Banerjee

A metropolitan magistrate court in Sewri on Wednesday ordered the police to investigate the allegations that West Bengal chief minister Mamata Banerjee had insulted the national anthem while on a two-day visit to the city in December 2021

MUMBAI: A metropolitan magistrate court in Sewri on Wednesday ordered the police to investigate the allegations that West Bengal chief minister Mamata Banerjee had insulted the national anthem while on a two-day visit to the city in December 2021.

Kolkata, India - Jan. 11, 2023: Chief minister Mamata Banerjee during inauguration of Ganga Sagar Mela Outram Ghat Transit Point in Kolkata, India, on Wednesday, January 11, 2023. (Photo by Samir Jana/ Hindustan Times) (Hindustan Times)

Additional metropolitan magistrate PI Mokashi directed the Cuffe Parade police to probe the accusations made by Vivekanand Gupta, secretary of Mumbai unit of the BJP and submit a report by April 28.

Gupta, in his complaint, said that Banerjee had attended a public function convened by Javed Akhtar at Yashwantrao Chavan Pratishthan in South Mumbai on December 1.

He said, at the end of the programme, the West Bengal CM remained seated when the national anthem was being played and stood up midway and walked away abruptly. He claimed that the act was an insult and disrespect to the national anthem and therefore sought her prosecution under the provisions of the Prevention of Insults to National Honour Act, 1971.

The magistrate court had on February 1, 2022 accepted the complaint. “It is prima facie evident from the complaint, verification statement of the complainant, 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 magistrate court had said in its order.

While the magistrate court took up the matter for fresh adjudication, Banerjee had moved the Bombay high court through MZM Legal, challenging the sessions court order and seeking quashing of the proceedings.

Meanwhile, the Bombay high court on Wednesday rejected Banerjee’s plea, saying there was nothing wrong in the sessions court order. Banerjee’s lawyers had argued that once the summons issued by the magistrate court was quashed by the sessions court, the matter could not have been remanded back to the magistrate court and hence the sessions court order should be set aside.

However, the HC noted that the course adopted by the sessions judge of not deciding the complaint on merits and remitting the matter back to the magistrate was in consonance with the order of the Supreme Court.