Mumbai Sessions Court set aside summons issued to Mamata Banerjee
Earlier, a functionary of the Mumbai unit of BJP approached the magistrate court with a complaint claiming the WB CM did not stand while the national anthem was being played at an event during her visit to Mumbai in December 2021.
PremiumMumbai Sessions Court on 12 January set aside the summons issued by a magistrate to West Bengal Chief Minister Mamata Banerjee in a case pertaining to alleged disrespect to the national anthem, while she visited Mumbai last year.
Special judge R N Rokade, after hearing both sides, noted that the magistrate didn't follow the mandatory provisions and set aside the summons. The judge also asked the magistrate to proceed with the case from the stage of verification.
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He then directed the magistrate to give fresh consideration on the issuance of process against Banerjee.
Earlier, a functionary of the Mumbai unit of Bharatiya Janata Party -- Vivekanand Gupta -- approached the magistrate court with a complaint claiming the WB CM did not stand while the national anthem was being played at an event during her visit to Mumbai in December 2021.
The BJP leader sought the registration of a First Information Report (FIR) against Banerjee under the Prevention of Insults to National Honour Act.
The magistrate court, taking cognizance of Gupta's complaint, had then issued summons to Banerjee, who moved a review petition before the special court against it.
Banerjee's lawyer had earlier told court no sanction, mandatory under the Code of Criminal Procedure to prosecute a government servant, was taken. However, Additional Public Prosecutor Sumesh Panjwani had argued Banerjee's visit was political and not official and, hence, no sanction was required. After hearing both the sides, the judge allowed Banerjee's plea.
With PTI inputs.
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