Disrespect to National Anthem: Bombay High Court dismisses Mamata Banerjee plea to quash case filed by BJP leader

The Bombay High Court on Wednesday dismissed a plea by West Bengal Chief Minister (CM) Mamata Banerjee seeking quashing of the criminal complaint filed against her by a Bharatiya Janata Party (BJP) leader alleging that she disrespected the National Anthem. .The order was passed by a Justice Amit Borkar who observed that the course adopted by sessions judge of not deciding the complaint on merits or recording conclusively on merits and remanding the matter back was in consonance with the order of the Supreme Court in National Bank of Oman case of 2013. "In my opinion there is neither error of jurisdiction or patent illegality in present case. Criminal application is dismissed" the judge held..Banerjee in her plea also sought quashing of the summons issued to her by a metropolitan magistrate at Sewree in Mumbai, after the complaint was filed against her by BJP Mumbai Secretary Vivekanand Gupta.She also challenged an order passed by Special Sessions Judge RN Rokade, who had set aside the summons issued by the magistrate on procedural grounds, and had asked the magistrate to consider the complaint afresh..Advocate Majeed Memon appearing for Banerjee argued that: The revisional court has recorded categorical finding that essential ingredients of offence under section 3 of the Prevention of Insults to National Honour Act have not been fulfilled and therefore no purpose will be served whole remitting proceeding back to magistrate. Holding enquiry under section 202 of CrPC would cause unnecessary harassment to public servant. Allowing inquiry under section 202 of CrPC would amount to abuse of process of court as complaint filed is with oblique motive of publicity. .The finding has been recorded on ground of absence of inquiry as accused persons are residing outside territory, the high court recorded. "Even otherwise the revisional court could not have decided the complaint on merits once, it was brought to their notice of sessions court that accused persons were residing outside magistrate jurisdiction and no procedure under 202 was followed" the Court said. .The complaint against Banerjee alleged that during a public function at Yashwantrao Chavan Auditorium at Cuffe Parade in Mumbai, Banerjee had started singing the National Anthem in the sitting position and later stood up and sang two verses of the Anthem before abruptly stopping and leaving the venue..He claimed that Banerjee's acts amounted to an insult and disrespect to the National Anthem, which was an offence punishable under the Prevention of Insults to National Honour Act of 1971.Gupta filed a complaint before the magistrate, who issued an order summoning Banerjee to appear on March 2, 2022.Banerjee challenged the same before the sessions court which set aside the summons and remanded the matter back to the magistrate for fresh consideration.The CM moved the High Court challenging the same.She contended that the matter should not have been remanded back to the Magistrate for reconsideration but should have been quashed by the Sessions Court itself.