In a major setback to West Bengal CM Mamata Banerjee, the Bombay High Court has refused her plea to quash the complaint against her for the alleged insult to the National Anthem at an event here in Mumbai last year.
According to reports, a single bench of Justice Amit Borkar dismissed the petition filed by Mamata Banerjee challenging a sessions court's order of January 2023 forwarding the matter back to the magistrate's court for enquiry and on the issue of issuance of summons.
The West Bengal chief minister in her application said the session’s court, instead of quashing the summons and forwarding the matter back to the magistrate court, ought to have quashed the entire complaint.
However, Justice Borkar noted that there was an illegality in the order of the trial and therefore HC need not intervene.
Earlier, a magistrate's court in March 2022 issued a summon notice to CM Banerjee on the complaint filed by activist Vivekanand Gupta alleging that during a public function at Yashwantrao Chavan Auditorium at Cuffe Parade in Mumbai, Mamata Banerjee had started singing the National Anthem in the sitting position, and later standing up and singing two verses before abruptly stopping and leaving the venue.
Later, the west Bengal chief minister had challenged the summons before the special court.
In January 2023, Special Judge RN Rokade annulled the summons issued by the magistrate on procedural grounds and asked the magistrate to review the complaint.
In her application in the high court, CM Banerjee challenged this order claiming that the summons should have been shelved instead of directing the magistrate to consider the same afresh.
