Disrespect to National Anthem Case: Special Court Sets Aside Summons Issued to WB CM Banerjee

A special court here on Thursday quashed the summons issued by a magistrate to the Chief Minister of West Bengal Mamata Banerjee in the case of alleged disrespect of the national anthem

Noting that the Magistrate did not comply with the mandatory provisions, Special Judge RN Rokade, after hearing both the parties, quashed the summons and asked the Magistrate to proceed with the matter from the stage of verification (of the complainant).

The special judge directed the magistrate to consider afresh the issue of process against Banerjee.

Vivekanand Gupta, an office-bearer of the Mumbai unit of the Bharatiya Janata Party, had approached the magistrate’s court with a complaint, claiming that the West Bengal chief minister stood up during the playing of the national anthem at an event during her visit to Mumbai in December 2021. did not happen.

Gupta had sought registration of a First Information Report (FIR) against Banerjee under the Prevention of Insults to National Honor Act.

Taking cognizance of Gupta’s complaint, the magistrate court had issued summons to Banerjee, who had filed a review petition against it before the special court.

Banerjee’s counsel had earlier told the court that no sanction, as mandated under the Code of Criminal Procedure, was taken to prosecute a public servant.

However, Additional Public Prosecutor Sumesh Panjwani had argued that Banerjee’s visit was political and not official and hence, no sanction was required.

After hearing both the sides, the judge accepted Banerjee’s plea.

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