Patna, April 17 The Patna High Court (HC) has granted interim relief to Bihar Chief Minister Nitish Kumar by staying proceedings in a complaint case alleging insult to the National Anthem on Thursday.
The court has also issued a notice to the complainant in the matter. The order was passed by Justice Chandra Shekhar Jha during the hearing of a criminal petition filed by the Chief Minister seeking quashing of the complaint.
The controversy erupted following a video that went viral on social media platforms, showing Chief Minister Nitish Kumar waving his hands while the National Anthem was being played during the inauguration of the Sepak Takraw World Cup 2025 at Patliputra Sports Complex in Patna’s Kankarbagh locality last month.
Acting on the video, Vikas Paswan, a resident of Begusarai, filed a complaint in the court of the Chief Judicial Magistrate (CJM), Begusarai, on March 22, 2025, accusing the Chief Minister of disrespecting the National Anthem.
Due to the CJM being on leave, the matter was transferred to Judicial Magistrate Mayank Kumar, who accepted the case for hearing and issued a notice to Nitish Kumar on March 25, asking him to present his defence by April 4, 2025.
Appearing on behalf of the Chief Minister, Advocate General P.K. Shahi argued that the complaint was politically motivated and constituted a misuse of criminal law.
He further pointed out that the Indian Civil Protection Code (ICPC) - the new criminal law - had not been followed properly.
Specifically, the notice was issued without examining the complainant, and the accused, being a public servant, should not have been summoned without due process.
Justice Jha, finding merit in the arguments, observed that the lower court’s actions appeared legally flawed and stayed further proceedings.
The High Court has also directed that a notice be served to the complainant, with the next hearing scheduled for May 1, 2025.
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