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This is an archive article published on March 28, 2013

Court junks petition to withdraw Shashi Tharoor case

In 2008,a petition was filed with the court Tharoor in connection that he had insulted national anthem.

The additional chief magistrate court in Kochi on Wednesday declined to permit withdrawal of a complaint against Union minister Shashi Tharoor that he had insulted the national anthem.

In 2008,public interest litigant Joy Kaitharam had filed a private complaint with the court that Tharoor,while addressing a function in Kochi,had asked the audience to sing the national anthem keeping their right hand on the left side of the chest,instead of the attention posture because the Union minister wanted to adopt a posture similar to what Americans do while singing their national anthem.

The petitioner had said that Tharoor committed offices under section 3 of the Prevention of Insult to the National Honour Act,1977.

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On Wednesday,the court observed that the petition for withdrawal of the complaint at this stage — when the case was ready for framing the charge against the respondent — was not tenable. The court said the witnesses were also examined in the case.

Last week,the petitioner had told the court that he did not want to pursue the case. As a precursor,Tharoor had issued a media release,apologising for the incident.

However,another public interest litigant,Jomon Puthenpurackal,moved an impleading petition,asking the court not to allow withdrawal of the case. The court posted the case to April 10.

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