Mumbai: A Sessions Court here on Friday stayed the summons issued by a Magistrate Court against West Bengal Chief Minister Mamata Banerjee in a case of allegedly showing disrespect to the national anthem, during her visit to the city. While staying the summons, Session Judge Rahul Rokde adjourned further hearing till March 25 and also called for a record from the Magistrate Court.
The Magistrate Court had earlier on February 2, issued a summon on a private complaint field by a BJP activist, directing Mamata to appear before the court on March 2. Her lawyer and former Rajya Sabha Majeed Memon, along with Advocate Waseem Pangekar, Advocate Mateen Qureshi and Advocate Khalil Girkar denied the charges levelled against her and said that the complaint was politically motivated and filed by a member of rival political party BJP.
He also said the offence under Section 3 of the Prevention of Insult to National Honours Act was not made out and the sanction as required under Section 197 CrPC was not obtained. Advocate Memon further pointed out that the mandatory requirement under Section 202 for postponement of the process, when the accused resides beyond the Magistrate's territorial jurisdiction, was not complied with. "A sanction is not required and there is no bar to proceed against the accused (Banerjee)", as she was not discharging her official duty (during that event held in Mumbai in December last year), the local court had held. (UNI)
