The Bombay High Court on Wednesday refused to grant relief to West Bengal Chief Minister Mamata Banerjee in a criminal complaint filed against her alleging that she disrespected the national anthem during her visit to Maharashtra in 2021. A single bench of Justice Amit Borkar dismissed the application filed by Ms. Banerjee challenging a sessions court's order of January 2023.

 

The complaint was filed by Vivekanand Gupta, a leader of the Bharatiya Janata Party (BJP), under the Prevention of Insults to National Honour Act, 1971, claiming that the CM had gone to a public function at an auditorium in Cuffe Parade and sang two verses of the national anthem after standing up and then left abruptly. Ms. Banerjee had also filed an application on January 20 in the high court challenging the summons issued to her on February 1, 2022, by metropolitan magistrate P. I. Mokashi. However, on February 25, 2022, a special judge Rahul Rokade had stayed the summons against her but sought a response from the complainant and directed the magistrate to decide the matter afresh. 

 

The Trinamool Congress party chief had moved also challenged this order by the sessions court in the high court. Justice Borkar, while dismissing the application, said that the sessions court had not passed any final order in the case and the matter was still pending before the magistrate. The court also noted that the magistrate had not passed any final order in the case and the matter was still pending before the magistrate.

 

The court also noted that the magistrate had issued summons to Ms. Banerjee after taking cognizance of the offence, and the sessions court had only stayed the summons and not quashed the complaint. The court also observed that the complaint filed by Mr. Gupta was not frivolous and the magistrate was justified in taking cognizance of the offence. The court further said that the magistrate had the power to decide the matter after hearing both the parties. The court also noted that the magistrate was yet to pass any order and the high court was not the appropriate forum to decide the matter. 

 

In conclusion, the Bombay High Court refused to grant relief to West Bengal Chief Minister Mamata Banerjee in a criminal complaint filed against her alleging that she disrespected the national anthem during her visit to Maharashtra in 2021. The court noted that the magistrate had the power to decide the matter after hearing both the parties and the high court was not the appropriate forum to decide the matter.

 

About the Prevention of Insults to National Honour Act, 1971

 

The Prevention of Insults to National Honour Act is an Indian law that was enacted in 1971. The act makes it a criminal offense to insult or show disrespect to the Indian national flag, the Indian national anthem, and the Indian Constitution.

 

Under this act, any person who intentionally prevents the singing of the national anthem or causes any disturbance while it is being sung in any public place, or who insults the national flag or the Constitution of India in any manner can be punished with imprisonment for a term up to three years, or with a fine, or with both.

 

The act also specifies guidelines for the proper display of the national flag, and anyone who displays the national flag in a manner that is disrespectful or inappropriate can be punished with imprisonment for a term up to three years, or with a fine, or with both.

 

It is important to note that the act does not limit or restrict the freedom of expression or speech guaranteed by the Indian Constitution. However, it seeks to protect and preserve the dignity and honor of the national symbols of India.

 

Image: Biswarup Ganguly/Commons