Sessions court remands back case against Mamata to magistrate court

The sessions court said that the magistrate court did not follow the mandatory provisions while dealing with the complaint and issued a process against Banerjee. The court has hence remanded the case back to the magistrate court for fresh adjudication.

Mumbai: The sessions court on Thursday set aside a metropolitan magistrate court’s order, initiating criminal proceedings against West Bengal chief minister Mamata Banerjee. She has been charged with disrespecting the national anthem while on a visit to the city in 2021.

Kolkata, India - Dec. 21, 2022: Chief minister of West Bengal Mamata Banerjee during inauguration of the Kolkata Christmas Festival 2022 at Allen Park on Park Street in Kolkata, India, on Wednesday, December 21, 2022. (Photo by Samir Jana/ Hindustan Times) (Hindustan Times)

The sessions court said that the magistrate court did not follow the mandatory provisions while dealing with the complaint and issued a process against Banerjee. The court has hence remanded the case back to the magistrate court for fresh adjudication.

The magistrate court had accepted the complaint and observed that, “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 the national anthem and stopped abruptly and left the dais which prima facie proof that the accused has committed punishable under section 3 of the Prevention of Insults to National Honour Act, 1971.”

Vivekanand Gupta, secretary of BJP’s state unit had filed a complaint against Banerjee.

He alleged that while on a two-day visit to the city, on December 01, 2021, Banerjee was present at a public function held at Yashwantrao Chavan Pratishthan Auditorium in South Mumbai as the chief guest. Gupta alleged that towards the end of the program, she suddenly started singing the national anthem while sitting in her chair and later abruptly stood up and continued a few more lines and left the program while the national anthem was still being sung.

Banerjee had challenged the order before the special court set up to hear the cases of MP and MLAs.

She claimed that the process was initiated against her without obtaining sanction from the government to prosecute her. Also, It was contended that a person can be prosecuted under the charge only if she stops someone from singing the national anthem or causes disturbance while the anthem is being sung. Here, Banerjee’s lawyers contended that she had done nothing of this sort, so the offence is not made out.