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Gupta alleged that the Chief Minister sang 2 verses of the national anthem while sitting and 2 verses while standing. Subsequently, she left the dais in the middle of the national anthem
A Mumbai court has dismissed a complaint filed by Bharatiya Janata Party (BJP) Mumbai Secretary Vivekanand Gupta against West Bengal Chief Minister Mamata Banerjee. The complaint alleged that Banerjee had shown disrespect to the National Anthem.
Metropolitan Magistrate SB Kale dismissed Gupta's complaint, although the detailed order has not been uploaded yet.
Gupta alleged that the Chief Minister sang 2 verses of the national anthem while sitting and 2 verses while standing. Subsequently, she left the dais in the middle of the national anthem.
The complaint alleged that Banerjee's actions constituted a violation of the Prevention of Insult to National Honour Act, 1971.
The trial court had initially issued summons to Banerjee, but this decision was temporarily stayed by the Sessions Court in February 2022.
Banerjee challenged the summons in the Sessions Court which was reserved on January 4, 2022.
On January 12, Special Judge RN Rokde set aside the summons issued to Banerjee, citing procedural grounds, and directed the magistrate to issue fresh summons to her.
In response to this order, Banerjee filed an appeal against the Sessions Court's order before the Bombay High Court.
She argued that the Sessions Court had determined that the requirements of Section 3 of the Prevention of Insult to National Honour Act, 1971 were not met, and thus, returning the case to the trial court would be futile.
The Bombay High Court dismissed Banerjee's appeal, stating that there was neither an error of jurisdiction nor patent illegality.
Subsequently, the magistrate court directed the Mumbai Police to probe the said allegation against Banerjee and directed them to submit a report by April 2023.
The magistrate court had postponed the issuance of summons to Banerjee till the police filed its report. The magistrate court has now dismissed the complaint.
Case Title: Adv. Vivekanand Dayanand Gupta - Secretary Bharatiya Janata Party (BJP) vs Mamata Banerjee - The Hon'ble Chief Minister of West Bengal
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