Mamata Banerjee and disrespect to National Anthem case: Sanction not required argued prosecutor

The Special Court has reserved the order in this matter. Special judge RN Rokade stated that he will pass the order on Mamata Banerjee’s plea on January 12, 2023.

Special Judge RS Rokade heard a review application on January 3, 2023, put forward by West Bengal Chief Minister Mamata Banerjee seeking the setting aside of summons issued to her by the Metropolitan Magistrate’s Court on February 1, 2022. Additional Public Prosecutor Sumesh Panjwani appeared for the State and made a reference to the official letter written by the Undersecretary Government of West Bengal to the Chief Secretary of the Government of Maharashtra. Panjwani demonstrated that the event she attended was deemed as a meeting with “cultural personalities”. Therefore, it was not a meeting conducted in the pursuit of the official discharge of her duties and was rather political in nature. A sanction would not be essential to pursue a criminal case against the West Bengal Chief Minister.

Previously in this matter, a special court in Mumbai had asked the Maharashtra Government to put forth its opinion in a case concerning alleged “disrespect” to the national anthem by Mamata Banerjee, Chief Minister of West Bengal. The incident took place at YB Chavan Centre where Mamata Banerjee was present for her tour. At the event, she sang the first two verses of the National Anthem while seating, and the next 3rd and 4th verse while standing up, after which she abruptly left the site.

Following this incident, a complaint was filed by BJP Mumbai secretary and lawyer Vivekanand Gupta, under Section 3 of the Prevention of Insult to National Honours Act, 1971 in which Mr. Gupta had sought that a First Information Report (FIR) be registered against Banerjee. Banerjee filed a review petition before the special court against the summons issued by the magistrate, arguing that the necessary sanction required to prosecute a public servant was not obtained in the concern matter.

Section 3 of the Act provides for Prevention of singing of Indian National Anthem and states that any offence under it is punishable for a term which may extend to three years, or with fine, or with both, in case a person is found guilty of intentionally preventing or causing disturbance to any assembly engaged in singing the national anthem.

“It is prima facie evident from the complaint, verification statement of the complainant, video clip in the DVD and video clips on Youtube links that the accused had sung National Anthem and stopped abruptly and left the dias which prima facie prove that the accused (Banerjee) has committed punishable under section 3 of the Prevention of Insults to National Honour Act, 1971,” Metropolitan Magistrate P I Mokashi said in the order passed in February, 2022.

The magistrate’s court further added that since it was not a government function nor an official event, a sanction would not be a mandatory requirement to proceed against Banerjee in the matter. “Though the accused is the Chief Minister of West Bengal, she was not discharging her official duties. Thereby this act of accused…does not come under her official duty. Therefore, sanction is not required and there is no bar to proceed against accused,” the magistrate’s court noted.

The Special Court has reserved the order in this matter. Special judge RN Rokade stated that he will pass the order on Mamata’s plea on January 12, 2023.