Mumbai Court summons Bengal CM Mamata Banerjee in insult to National Anthem case

A case was filed against WB CM Mamata Banerjee for insulting the national anthem during her visit to Mumbai in Dec 2021

February 3, 2022

National Anthem insult case: WB CM Mamata Banerjee summoned by Mumbai Court

The Mazgaon Magistrate Court in Mumbai has directed West Bengal Chief Minister and the Trinamool Congress chief, Mamata Banerjee, to appear before the Court on March 2 in a case filed against her for allegedly insulting the national anthem.

While attending a function in Mumbai on December 1, 2021, she sang the first two verses of the national anthem in a sitting in the chair, then stood up and sang two more verses and then ‘abruptly stopped‘.

Soon after this, a complaint was filed against her. The complaint states that an offence under the Prevention of Insults to National Honour Act, 1971, has been committed by her. The complainant sought directions from the Court for registration of FIR against her.

The Court said that though Banerjee is the CM, “a sanction is not required and there is no bar to proceed against the accused (Banerjee)”, as she was not discharging her official duty (during that event held in Mumbai in December last year).

The Court said it is prima facie evident from the complaint, verification statement of the complainant, video clip in the DVD, and video clips on YouTube link that the accused sang the national anthem and stopped abruptly and left the dais. This prima facie proves that the accused has committed an offence punishable under Section 3 of the Prevention of Insults to National Honour Act, 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, the sanction is not required and there is no bar to proceed against the accused,” the Court said.

The BJP had reacted to the incident saying, “Today, as a Chief Minister, she has insulted the culture of Bengal, the national anthem and the country, and Gurudev Rabindranath Tagore!”

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