Bombay HC dismisses Mamata Banerjee’s appeal in national anthem case

The Bombay High Court on Wednesday dismissed a plea by West Bengal Chief Minister Mamata Banerjee seeking quashing of the criminal complaint filed against her by a BJP in connection with the alleged disrespect of national anthem.

In her plea, the West Bengal CM had filed a criminal application seeking to quash the complaint registered against her, which was dismissed by a single bench of Justice Amit Borkar on Wednesday.

The order in the case was passed by a Justice Amit Borkar. The judge observed: “In my opinion there is neither error of jurisdiction or patent illegality in present case. Criminal application is dismissed.”

The chief minister 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, according to the Bar and Bench. To note, the issue dates back to her visit to Maharashtra in 2021, when she allegedly sang the first two stanzas of the national anthem in a sitting position.

Banerjee’s lawyer argued yesterday that the summons had been quashed by the sessions court and the matter ought to be heard afresh. “The magistrate did not have the audacity to read the legal provisions and same caused grave injustice to a public servant,” Banerjee’s lawyer argued.

On March 21, Banerjee’s lawyer Majeed Memon submitted before the magistrate court and sought an adjournment on the proceedings, stating that she had approached the High Court, according to the Indian Express. The court, however, rejected the adjournment application and posted the case for a hearing on March 29.

The magistrate court, in February 2022, observed that it was prima facie evident that Banerjee had sung the national anthem in sitting position at an event in Mumbai. According to media reports, she stopped singing the song abruptly and left the dais, committing an offence under the Prevention of Insults to National Honour Act, 1971, reported the Indian Express.

-INDIA NEWS STREAM