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Synopsis

Special Judge RS Rokde of the Mumbai Court on Tuesday reserved its order in the criminal review application filed by West Bengal Chief Minister Mamta Banerjee for summons issued to her by the magistrate court.

The magistrate court issued summons to the Chief Minister after deeming it as a private complaint filed by the BJP Secretary of Mumbai. It was 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. It was stated in the complaint that the provisions Prevention of Insult to National Honour Act, 1971, would be attracted for disrespecting the national anthem.

The Trial court had issued summons to Banerjee which was stayed by the Sessions Court in February 2022.

Advocate Majid Memon for Banerjee argued that the Chief Minister had visited Maharashtra on an official tour and therefore sanction was required to be taken to prosecute her. He also submitted that the said meeting with NCP Leader Sharad Pawar was to improve interstate relations between the State of Maharashtra and West Bengal. Further, he argued the presence of the Chief Secretary would show that it was not a non-governmental programmer and therefore sanction is required. He also submitted that prima facie there was no disrespect to the National Anthem and that the complainant was not present at the event.

Advocate Sumesh Pujwani for the State Government argued that the said meeting was for the socio-political issues and to unite the opposition against the BJP. Therefore, it was a political meeting, and Banerjee was not present in an official capacity. As a result, no sanction was required to prosecute the Chief Minister.

After hearing both sides, the Special Judge reserved the order for 12 January.

Case Title: Mamata Banerjee - The Hon'ble Chief Minister of West Bengal vs. Adv. vivekanand Dayanand Gupta - Secretary Bharatiya Janata Party (BJP) and State