National anthem case: Mumbai court sets aside summons issued against Mamata Banerjee

The special court had earlier stayed the proceedings before the lower court and begun hearing the appeal filed by Banerjee.

A magistrate court in February last year observed it was prima facie evident that the chief minister had sung the national anthem at an event held in Mumbai, stopped abruptly and left the dais, committing an offence under the Prevention of Insults to National Honour Act, 1971. It had then issued her summons asking her to appear before it. This order has been set aside.

Banerjee’s lawyer, Majid Memon, had denied the allegations made in the complaint and said since she was in the city for an official visit, a sanction was required to be taken to prosecute her which has not been done. Memon submitted that Banerjee was in the city for improving interstate relationships between West Bengal and Maharashtra and that she was accompanied by West Bengal’s chief secretary. The lawyer had also submitted that the sections invoked against her pertained to disruption in the recital of the national anthem, which was not the allegation against her and hence the lower court had erred in its order.