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Court dismissed the appeal filed by West Bengal Chief Minister while noting that there was no patent illegality in the order passed by the sessions judge.
A single judge bench of the Bombay High Court comprising Justice Amit Borkar today dismissed the appeal filed by the West Bengal Chief Minister Mamata Banerjee against the order of the sessions court whereby the magistrate court had been directed to consider issuing fresh summons to the Chief Minister.
The high court said that there was no error of jurisdiction nor patent illegality in the order passed by the Additional Sessions Judge.
"In my opinion, there is neither an error of jurisdiction nor patent illegality in the present case. The criminal appeal is dismissed," Justice Borkar ordered.
Banerjee had challenged the order of the sessions court on the following three grounds:
1) The revisional court has recorded a categorical finding that essential ingredients under Section 3 of the Prevention of Insult To National Honours Act 1971 are not fulfilled and therefore no purpose will be served by remitting back to Magistrate.
2) Holding an inquiry under section 202 of the Code of Criminal Procedure will cause unnecessary harassment to a public servant
3) Allowing inquiry under Section 202 of the Code of Criminal Procedure would amount to an abuse of the process of court as the complaint filed is with an oblique motive of publicity.
The magistrate court issued summons to the Chief Minister after a private complaint filed by the BJP Secretary of Mumbai. It was alleged that the Chief Minister sang two verses of the national anthem while sitting and two verses while standing. Moreover, allegedly Banerjee left the dais in the middle of the national anthem.
It was stated in the complaint that the provisions of the Prevention of Insult to National Honour Act, 1971, would be attracted for disrespecting the national anthem.
The Chief Minister then filed an appeal against the order of the magistrate issuing summons to her before the sessions court. However, the sessions court set aside the order of the magistrate on the procedural ground and directed the magistrate to issue summons to the Chief Minister afresh.
Case title: Mamata Banerjee - The Hon'ble Chief Minister of West Bengal vs. Adv. vivekanand Dayanand Gupta - Secretary Bharatiya Janata Party (BJP) and State
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