Sessions Court stays summons issued to West Bengal CM Mamata Banerjee in disrespect to national anthem case

The Mumbai Sessions Court on Friday stayed summons issued against West Bengal Chief Minister Mamata Banerjee in a criminal complaint filed by Bharatiya Janata Party (BJP) Mumbai Secretary Vivekanand Gupta alleging Banerjee disrespected the national anthem..Banerjee had moved the Sessions Court seeking revision of the order by the Metropolitan Magistrate at Sewree, Mumbai who had issued summons to Banerjee.Special Judge Rahul Rokade stayed the summons and sought response from the complainant, a BJP Mumbai Secretary, advocate Vivekanand Gupta and State of Maharashtra.“It is necessary to give an opportunity to the prosecution and complainant to contest the matter. Prima facie, it appears that there is a deviation of the mandatory provisions as contemplated under Section 200 of the CrPC. In the mean time, as an exigency is shown, it would be proper to stay proceeding before Metropolitan Magistrate“ the 5-page order says. The judge also called for records of proceeding from the lower court and placed the matter for further hearing on March 25, 2022. Till all the parties appeared before the Sessions Court, the summons issued by the Magistrate Court would stand stayed. .At the end of a public function at Yashwantrao Chavan Auditorium at Cuffe Parade in Mumbai, Banerjee had tarted singing the National Anthem in the sitting position. She later stood up and sung two verses of the anthem before abruptly stopping and leaving the venue, Gupta stated in his complaint.He discovered this incident after he watched a video recording of the same on social media, the complaint said.He claimed that Banerjee's acts amounted to "an insult and disrespect to the National Anthem" and an offence punishable under the Prevention of Insults to National Honour Act of 1971.Gupta filed a complaint before the Cuffe Parade police station, however after no action was taken by the police on it, he filed a complaint before the Metropolitan Magistrate at Sewree, Mumbai.Finding that there was sufficient evidence against Banerjee, the Metropolitan Magistrate issued an order summoning Banerjee to appear on March 2, 2022..Senior Advocate Majid Memom with Advocates Waseem Pangarkar, Sabyasachi Banerjee, Abhishek Gonesan, Mateen Qureshi and Khalil Girkar briefed by MZM Legal LLP appeared for Banerjee.