Mumbai magistrate not justified in issuing summons against Mamata Banerjee over National Anthem disrespect complaint

Mumbai metropolitan magistrate was not justified in issuing summons to West Bengal Chief Minister Mamata Banerjee in a matter pertaining to alleged disrespect to the national anthem, a special court observed while setting aside the summons.

Special judge for cases against MPs and MLAs, R N Rokade, on January 12 set aside the summons against CM Banerjee and referred the matter back to the magistrate for a fresh review of the facts in the light of the complaint. The detailed order was made available on Tuesday.

A Mumbai court in February 2022 issued a summons to Banerjee and directed her to appear before it on March 2 after the city unit BJP functionary, Vivekanand Gupta, approached the magistrate’s court with a complaint claiming the West Bengal chief minister had shown disrespect to the national anthem during her visit to the Maharashtra capital.

In the case at hand, the magistrate relied upon the statement of the complainant in the form of an affidavit which is contrary to the provision under Section 200 of the CrPC. Apparently, it seems that the magistrate deviated from the mandatory provisions as laid down under Sections 200 and 202 of the CrPC, the special court said. 

And then to afresh apply his mind to the facts of the case so as to determine whether a prima facie case to the offence as alleged against the accused in the said complaint, warranting issuance of the process, is made out, after providing an opportunity of hearing to the complainant, the judge noted.

Though the accused is the chief minister of West Bengal, she was not discharging her official duties (during the event in Mumbai). Thereby, this act of the accused, though she is the chief minister of West Bengal, does not come under her official duty. Therefore, the sanction is not required and there is no bar to proceed against the accused, the magistrate’s court had said.