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BREAKING| Mumbai Court Summons WB CM Mamata Banerjee In Complaint About Insult To National Anthem

Sharmeen Hakim
2 Feb 2022 10:09 AM GMT
BREAKING| Mumbai Court Summons WB CM Mamata Banerjee In Complaint About Insult To National Anthem
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A Metropolitan Magistrates Court in Mumbai has issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem. The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that...

A Metropolitan Magistrates Court in Mumbai has issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem.

The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that while still seated, Banerjee began singing the National Anthem. She then stood up, sang a few more lines, and abruptly left the dais in contravention of Section 3 of the Prevention of Insults to National Honour Act 1971, the complaint alleged.

Metropolitan Magistrate PI Mokashi observed that a sanction was not required to issue process against Banerjee even though she is a Chief Minister as the function was not an official function since no government officials were present.

"Thereby, though the accused is Chief Minister of West Bengal she was not discharging her official duties. Thereby this act of accused though she is the Chief Minister of West Bengal does not come under her official duty. Therefore, sanction is not required and there is no bar to proceed against accused," the magistrate noted.

Magistrate Mokashi further said that even though Banerjee resided beyond the court's jurisdiction since a prima facie case was made out, there was no reason to order an investigation under section 202 of the CrPC and process under 204 of the CrPC could directly be issued.

"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 National Anthem and stopped abruptly and left the Dias which prima facie prove that the accused has committed [an offence] punishable U/sec.3 of the Prevention of Insults to National Honour Act, 1971," the court observed.

She is directed to appear before the court on March 2, 2022.

BJP Secretary(Mumbai) Vivekanand Gupta had filed the complaint. Section 3 of the Act is a cognisable and non-bailable offence. According to the section whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

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