Mumbai: In a setback to West Bengal Chief Minister Mamata Banerjee, the Bombay High Court on Wednesday refused to give relief to her in the case wherein she is accused of disrespecting the National Anthem at an event in Mumbai last year. A bench of Justice Amit Borkar dismissed Mamata's plea challenging the order of the Sessions Court, which had referred the case to the judicial magistrate for enquiry.
The West Bengal CM had, in her plea, demanded quashing of the complaint. However the Bombay HC while upholding the Sessions Court's ruling observed that the manner in which the Sessions Court referred the matter back to the judicial authorities is in accordance with the rules of the Supreme Court decision.
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Mamata was issued summons by a court following a complaint by an activist Vivekanand Gupta. In his complaint, Gupta alleged that Mamata during a public function at Yashwantrao Chavan Auditorium at Cuffe Parade in Mumbai left halfway into the singing of the National Anthem thereby disrespecting the National Anthem.
The petitioner had also claimed that she remained seated and then got up again, which was a violation of the 1971 National Anthem Act and that she should be issued a notice accordingly. The West Bengal chief minister had challenged the summons before the special court. A sessions court in Jan. this year set aside the summons to the West Bengal CM on procedural grounds.
The court however asked the magistrate, who had issued the summons to consider the complaint afresh. This order by the Sessions Court was challenged by Mamata Banerjee in the Bombay High Court. The West Bengal CM said that the court ought to quash the complaint instead of issuing orders for considering it afresh.
