Mumbai: In a relief for West Bengal Chief Minister Mamata Banjeree, a Mumbai sessions court on Friday stayed, till March 25, a magistrate court’s summons to her in a case of alleged disrespect to the National Anthem in December.
Granting the stay, Sessions Judge Rahul Rokde also sought the records from the magistrate court in the private complaint filed by a Mumbai Bharatiya Janata Party spokesman Vivekanand Gupta.
On February 2, the magistrate court had summoned Banerjee asking her to appear before the court on March 2.
Banerjee’s legal team led by Majeed Memon, and comprising Waseem Pangekar, Mateen Qureshi and Khalil Girkar, vehemently refuted the charges levelled by the BJP activist and termed the complaint as “politically motivated”.
They pointed out that the offence under Prevention of Insult to National Honours Act, Section 3, was not made out as the sanction required under Section 197 of the CrPC was not obtained.
Memon further argued that the mandatory requirements under Section 202 for postponement of process when the accused resides beyond the magistrate’s territorial jurisdiction was not complied with, and list of witnesses was not annexed.
Gupta said that Banerjee’s legal team should have issued a notice informing him when the matter would be heard and claimed that the principles of natural justice were not followed.