The Bombay High Court on Wednesday (29 March) denied Mamata Banerjee any relief in a complaint accusing her of showing disrespect to the national anthem at a Mumbai event in 2022.
Justice Amit Borkar rejected the West Bengal Chief Minister (CM)'s application challenging a sessions court order to send the matter back for enquiry and summons issuance in January 2023.
Banerjee argued that the sessions court should have dismissed the entire complaint, instead of just the summons.
The High Court need not interfere as Justice Borkar found illegality in the sessions court's order.
The Bengal CM was summoned by a magistrate's court in March 2022. The summons was issued after activist Vivekanand Gupta filed a complaint.
Gupta alleged that during a public function at Yashwantrao Chavan Auditorium in Mumbai, Banerjee started singing the national anthem while sitting. She later stood up and sang two verses before abruptly leaving the venue.
The Trinamool leader had challenged the summons before the special court.
Judge R N Rokade had then cancelled the summons on a technicality in January 2023 and told the magistrate to review the complaint again.
Banerjee filed an application in the High Court challenging the order, as she believed the summons should have been quashed instead of being reconsidered by the magistrate.
According to Gupta, Banerjee's actions had insulted the national anthem and were a violation of the Prevention of Insults to National Honour Act of 1971.
He initially filed a complaint at the Cuffe Parade police station, but after no action was taken, he filed a case with the metropolitan magistrate.
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