New Delhi: A magistrate's court in Mumbai asked the police on Wednesday to probe a complaint against West Bengal Chief Minister Mamata Banerjee for allegedly showing disrespect to the national anthem at an event in 2021, news agency PTI reported.
Metropolitan Magistrate (Sewree court) PI Mokashi directed the Cuff Parade police station in south Mumbai to investigate the matter and submit a report by April 28.
The direction came close on the heels of the Bombay High Court refusing to grant any relief to CM Mamata Banerjee over the complaint seeking action against her and noted that there was no need for interference in the matter.
A single bench of Justice Amit Borkar dismissed the plea filed by CM Banerjee challenging a sessions court order of January 2023 remitting the matter back to the magistrate’s court for probe and on the issue of issuance of summons.
READ | Bombay HC Refuses To Grant Relief To Mamata Banerjee In National Anthem Case
She said in her application that instead of quashing the summons and remitting the matter, the court should have quashed the entire complaint.
The Bombay High Court observed that no fault can be found with the order passed by the sessions court remitting the matter back to the magistrate’s court for fresh probe and to decide on the issuance of fresh summons. Hence the HC need not interfere, said Justice Borkar.
The HC bench further noted that it is well settled position in law that until the court issues summons, the accused person has no right to take part in the proceedings before the magistrate.
Notably, Mumbai Bharatiya Janata Party (BJP) functionary Vivekanand Gupta had approached the court with a complaint, claiming CM Mamata Banerjee did not stand up when the national anthem was played at an event during her visit to the city in December 2021.
Gupta accused the Trinamool Congress (TMC) supremo of disrespecting the national anthem and demanded that an FIR be registered against her under provisions of the Prevention of Insults to the National Honour Act.