National anthem disrespect case: Court orders police to probe allegations against Mamata Banerjee
A metropolitan Justice of the Peace courtroom docket in Sewri on Wednesday ordered the police to analyze the allegations that West Bengal leader minister Mamata Banerjee had insulted the countrywide anthem at the same time as on a two-day go to to the metropolis in December 2021.
Additional metropolitan Justice of the Peace PI Mokashi directed the Cuffe Parade police to probe the accusations made with the aid of using Vivekanand Gupta, secretary of Mumbai unit of the BJP and publish a record with the aid of using April 28.
Gupta, in his criticism, stated that Banerjee had attended a public feature convened with the aid of using Javed Akhtar at Yashwantrao Chavan Pratishthan in South Mumbai on December 1.
He stated, on the cease of the programme, the West Bengal CM remained seated whilst the countrywide anthem become being performed and stood up halfway and walked away suddenly. He claimed that the act become an insult and disregard to the countrywide anthem and consequently sought her prosecution below the provisions of the Prevention of Insults to National Honour Act, 1971.
The Justice of the Peace courtroom docket had on February 1, 2022 widespread the criticism. “It is prima facie obtrusive from the criticism, verification declaration of the complainant, video clip withinside the DVD and videos on YouTube hyperlinks that the accused had sung countrywide anthem and stopped suddenly and left the dais, which prima facie show that the accused has devoted punishable offence below the segment three of the Prevention of Insults to National Honor Act,” the Justice of the Peace courtroom docket had stated in its order.
Banerjee had challenged the order earlier than the classes courtroom docket and the courtroom docket on January 12 remanded the problem again to the Justice of the Peace courtroom docket for clean adjudication over a few procedural flaws.
While the Justice of the Peace courtroom docket took up the problem for clean adjudication, Banerjee had moved the Bombay excessive courtroom docket thru MZM Legal, difficult the classes courtroom docket order and looking for quashing of the proceedings.
Meanwhile, the Bombay excessive courtroom docket on Wednesday rejected Banerjee`s plea, announcing there has been not anything incorrect withinside the classes courtroom docket order. Banerjee`s legal professionals had argued that after the summons issued with the aid of using the Justice of the Peace courtroom docket become quashed with the aid of using the classes courtroom docket, the problem couldn’t had been remanded again to the Justice of the Peace courtroom docket and therefore the classes courtroom docket order must be set aside.
However, the HC referred to that the route followed with the aid of using the classes choose of now no longer determining the criticism on deserves and remitting the problem again to the Justice of the Peace become in consonance with the order of the Supreme Court.
