Bombay High Court has dismissed the appeal filed by West Bengal Chief Minister Mamata Banerjee challenging an order of the Sessions Court in a complaint alleging disrespect to the national anthem. A single judge bench of Justice Amit Borkar dismissed the plea saying that the course adopted by the sessions judge of not deciding the complaint on merits and remitting the matter back to the Magistrate was in consonance with the order of the Supreme Court of India.
#Breaking Bombay High Court has dismissed appeal filed by West Bengal Chief Minister Mamata Banerjee challenging an order of sessions court in complaint alleging disrepect to national anthem. @MamataOfficial #BombayHighCourt pic.twitter.com/ynrxqtI2cM
— Bar & Bench (@barandbench) March 29, 2023
Rejecting the arguments of the CM, the court noted there is no error of jurisdiction or patent illegality in the present case. “In my opinion there is neither error of jurisdiction or patent illegality in present case. Criminal application is dismissed” the judge said.
West Bengal Chief Minister Mamata Banerjee had earlier approached the Bombay High Court against a special court’s order directing a magistrate to decide afresh a plea seeking the registration of an FIR against her for allegedly disrespecting the national anthem. She had 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.
The Special Sessions court had set aside summons issued by the magistrate court on procedural grounds and had asked the magistrate to consider the complaint afresh. The high court found the decision of th sessions court correct, which was challenged by Mamata Banerjee.
Background of the case
A complaint was filed against West Bengal Chief Minister Mamata Banerjee in Mumbai for disrespecting National Anthem during a gathering that she had addressed in the city. BJP leader Vivekanand Gupta had filed a Police Complaint against Banerjee for “showing utter disrespect to the national anthem” by allegedly singing the anthem while in a sitting position and then “abruptly stopping after 4 or 5 lines”
The magistrate court in its order had noted, “It is prima facie evident from the complaint, video clip in the DVD and video clips on YouTube links, that the accused had sung the National Anthem and stopped abruptly and left the dais, which prima facie proves that the accused has committed a punishable offence under the section 3 of the Prevention of Insults to National Honor Act.”
A leader of Mumbai BJP filed police complaint against West Bengal CM Mamata Banerjee for “showing utter disrespect to national anthem” by allegedly singing it while in sitting position & then “abruptly stopping after 4 or 5 verses”, during her visit to the city on Wednesday pic.twitter.com/5KqbJ8lC55
— ANI (@ANI) December 2, 2021
A video of WB CM had surfaced on social media platforms where she was seen sitting and starting the National Anthem and then stopping halfway abruptly. Advocate Vivekanand Gupta, Secretary, BJP Mumbai, posted a copy of the complaint on Twitter.
My Police complaint to @CPMumbaiPolice to register FIR against #MamataBanerjee for showing utter disrespect to National Anthem. It’s an offence under the Prevention of Insults to National Honour Act, 1971 and @HMOIndia order of 2015.@Dev_Fadnavis @BJP4India https://t.co/y4sXD0ywnV pic.twitter.com/Ij3fIvY9n8
— Adv.Vivekanand Gupta 🇮🇳 (@vivekanandg) December 1, 2021
In his complaint addressed to the Commissioner of Police, Mumbai, Vivekanand had said Banerjee “started to sing the National Anthem while in sitting position and thereafter stood up, and after four or five verses abruptly stopped the National Anthem.”
He had further said that her actions amounted to utter disrespect to the National Anthem and urged the Police to file a complaint against her under Section 3 of the Prevention of Insults to National Honour Act, 1971. He said, “Her act also goes against the orders of the Home Ministry of 2015. The order directs that “whenever the anthem is sung or played, the audience shall stand to attention.” He alleged that WB CM has deliberately and intentionally shown utter disrespect to the National Anthem.
It is notable that according to Home Ministry’s orders, if someone wants to sing a shorter version of the National Anthem, he or she must sing the first two lines and the last two lines. However, according to Gupta’s complaint, she did not “follow the said order relating to the full version or the short version” and sang the first four lines.
Amit Malviya, In-charge of BJP’s National Information & Technology Dept, had said in a tweet, “Our national anthem is one of the most powerful manifestations of our national identity. The least people holding public office can do is not demean it. Here is a mutilated version of our national anthem sung by Bengal CM. Is India’s opposition so bereft of pride and patriotism?”
Our national anthem is one of the most powerful manifestation of our national identity. The least people holding public office can do is not demean it.
— Amit Malviya (@amitmalviya) December 1, 2021
Here is a mutilated version of our national anthem sung by Bengal CM. Is India’s opposition so bereft of pride and patriotism? pic.twitter.com/wrwCAHJjkG
Tejasvi Surya, MP and National President of BJP Yuva Morcha had said, “Here we have a Chief Minister, who fails to respect our National Anthem. Expecting the opposition parties to respect Bharat & its values is a lot to ask for these days. This deplorable behaviour from a Constitutional Authority is extremely shameful & condemnable.”
Here we have a Chief Minister, who fails to respect our National Anthem.
— Tejasvi Surya (@Tejasvi_Surya) December 1, 2021
Expecting the opposition parties to respect Bharat & it’s values is a lot to ask for these days.
This deplorable behaviour from a Constitutional Authority is extremely shameful & condemnable. pic.twitter.com/pamYZqAZEo
Ms Banerjee, in her plea before the High Court, had contended that the special court should have quashed the summons once and for all, and not remanded the case back to the magistrate. The same plea has been dismissed by the Bombay High Court now.
