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Synopsis

Special Judge RN Rokde of the Mumbai Court on Thursday set aside the summons issued to West Bengal Chief Minister Mamata Banerjee in the National Anthem disrespect case.

The Special Judge noted that the provisions of the law were not followed while issuing summons to the Chief Minister and that there were procedural lapses.

Judge Rokade directed the magistrate court to reconsider the complaint filed by a BJP member after following due process of law.

The magistrate court had issued summons to the Chief Minister after deeming the complaint 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, allegedly 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 West Bengal Chief Minister had then challenged the summons issued to her by the magistrate court.

Advocate Majid Memon for Banerjee had argued that the Chief Minister had visited Maharashtra on an official tour and therefore sanction was required to be taken to prosecute her. He had also submitted that the said meeting with NCP Leader Sharad Pawar was to improve interstate relations between the State of Maharashtra and West Bengal.

Advocate Sumesh Pujwani for the State Government had 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, he had stated.

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