Wednesday, June 7, 2023

Bombay High Court dismisses Mamata Banerjee plea to quash case filed by BJP leader in disrespect of National Anthem

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The Bombay High Court has dismissed a plea filed by Chief Minister of West Bengal Mamata Banerjee for quashing the criminal complaint filed against her, over disrespect to the National Anthem.

The order in the case was passed by the Single-Judge Bench of Justice Amit Borkar.

In her plea, Banerjee also sought quashing of the summons issued to her by a metropolitan magistrate at Sewree in Mumbai, when the complaint was filed against her by BJP Mumbai Secretary Vivekanand Gupta.

CM Banerjee has also challenged an order passed by Special Sessions Judge RN Rokade, who had set aside the summons issued by the magistrate and had asked the magistrate to consider the complaint afresh.

As per the complaint Banerjee alleged that during a public function at Yashwantrao Chavan Auditorium at Cuffe Parade in Mumbai, Banerjee had started singing the National Anthem in the sitting position and later stood up and sang two verses of the Anthem before abruptly stopping and leaving the venue.

The complainant said that Banerjee’s acts amounted to an insult and disrespect to the National Anthem, which was an offence punishable under the Prevention of Insults to National Honour Act of 1971.

A complaint was filed before the magistrate by Gupta , who issued an order summoning Banerjee to appear on March 2, 2022.

The same was challenged by Banerjee before the sessions court which set aside the summons and remanded the matter back to the magistrate for fresh consideration.

The CM moved the High Court challenging the same.

Mamata Banerjee contended that the matter should not have been remanded back to the Magistrate for reconsideration but should have been quashed by the Sessions Court itself.

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