Mumbai court summons Bengal CM for insulting national anthem

Mumbai: A Mumbai court has summoned West Bengal Chief Minister Mamata Banerjee to appear before it on March 2,  in a criminal complaint filed by BJP’s Mumbai Secretary Vivekanand Gupta against her for allegedly “insulting and disrespecting" the national anthem during her visit to Mumbai in December.

Taking serious cognisance of the criminal complaint lodged with the court along with the videos of the incident, Metropolitan Magistrate , 25th court, Mazgaon at Sewree, Mumbai PI Mokashi on Tuesday ordered issuance of process against Mamta Banerjee for offences punishable under Section 3 of the Prevention of Insults to the National Honour Act, 1971 vide section 204 (b) of the Cr PC returnable on March 2, 2022.

"It is prima facie evident from the complaint, verification statement of complainant, video clip in the DVD and video clips on YouTube links that the accused (Banerjee) had sung the National Anthem and stopped abruptly and left the dias which prima facie prove that the accused (Banerjee) committed (offence) punishable under Section 3 of the Prevention of Insults to National Honour Act," the Magistrate noted in his order.

“There is no reason as such to postpone the process against the accused under section 202 of Cr PC though she is residing at a place beyond the area of jurisdiction. The prima facie evidence brought on record by the complaint is sufficient to issue process against the accused,” the Magistrate stated in the



order.

Initially, Gupta filed a complaint before the Cuffe Parade police station in south Mumbai. However, as no action was taken by the police on it, he filed a complaint before the Metropolitan Magistrate at Sewree, Mumbai.

The complaint relates to a function that took place at the end of a public function at Yashwantrao Pratishthan Chavan Auditorium at Cuffe Parade in south Mumbai. The complainant said that Banerjee started 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.

Gupta stated in his complaint that he discovered this incident after he watched a video recording of the West Bengal chief minister’s alleged insult to the national anthem on social media.

In his complaint, Gupta said that Banerjee’s act was "an insult and disrespect to the National Anthem" and an offence punishable under section 3 of the Prevention of Insults to National Honour Act of 1971.

"Though the accused is the Chief Minister of West Bengal, she was not discharging her official duties (during the event in Mumbai). Thereby, this act of the accused, though she is the chief minister of West Bengal, does not come under her official duty. Therefore, sanction is not required and there is no bar to proceed against the accused," the Magistrate noted.