Mamata Banerjee Moves Bombay High Court For Quashing Proceedings In National Anthem Disrespect Case

West Bengal Chief Minister Mamata Banerjee referred to parts of National Anthem to draw the spirit of oneness of India from it, according to Banerjee's petition before the Bombay High Court.

Banerjee has sought quashing of a complaint filed against her for allegedly disrespecting the National Anthem during an event.

A Single Judge bench will hear the plea on March 27, 2023.

The incident happened during Banerjee's official visit to Maharashtra on November 30 and December 1, 2021. She was speaking at a gathering in Cuffe Parade, Mumbai. According to complainant, BJP's Vivekanand Gupta, Banerjee disrespected the National Anthem by singing first two stanzas in a sitting position, stood for the next two stanzas and left the gathering abruptly.

The Metropolitan Magistrate issued process against Banerjee under section 3 of the Prevention of Insults to National Honour Act, 1971. In Banerjee's criminal revision application, the Sessions Court set the order of process aside and remanded the matter back for fresh adjudication by the Magistrate.

Therefore, Banerjee approached the High Court seeking quashing of the matter entirely under Section 482 of the CrPC.

Section 3 of the Act provides for up to three years of imprisonment for a person who intentionally prevents singing of the National Anthem or causes disturbance to any assembly engaged in such singing.

Banerjee in her petition has contended that the complaint is liable to be dismissed as mandatory sanction under section 197 CrPC was not obtained before taking cognizance of the complaint against her, a public servant.

According to the petition, during her concluding remarks, Banerjee slowly recited the first two lines of the National Anthem while being "seated with folded hands" and then rose from her seat and "patriotically recited the third and fourth verses of the National Anthem". In the petition, she claimed that she referred to parts of the National Anthem drawing the "spirit of oneness from the Union of India".

Banerjee claimed that the complainant saw an edited news version of the event without having been actually present in the venue and maliciously filed the complaint due his sense of offence.

The according to the petition, she wasn't singing the National Anthem but referring to parts of it to show the spirit of oneness from the Union of India. Further, there is no question of disturbance to singing the National Anthem as the assembly was not singing it at any point, the petition states.

The sessions court in the revision application said that no offence under section 3 of the Act was made out and set aside the order of process. However, it also found procedural issues in Magistrate's order and remanded the matter back to the Metropolitan Magistrate .

Therefore, Banerjee has prayed that the Sessions Court order be set aside to the extent of remanding the matter back to the Metropolitan Magistrate and the complaint against her be quashed.