The prosecution claimed on Tuesday that no sanction was needed to pursue a criminal case against West Bengal Chief Minister Mamata Banerjee for allegedly disrespecting the national anthem as the incident had taken place during a 'political' visit and not an official one.
A special court for cases against MPs and MLAs here was hearing a review petition filed by Banerjee against a summons issued against her by a local magistrate's court in connection with the case.
Mumbai BJP functionary Vivekanand Gupta filed a complaint before a magistrate's court last year alleging that Banerjee did not stand up when the national anthem was being played at an event during her visit to Mumbai in December 2021.
A First Information Report be registered against her under the Prevention of Insults to National Honour Act, he demanded.
The Trinamool Congress leader filed a review petition before the special court against the summons issued by the magistrate, arguing that the mandatory sanction to prosecute a public servant was not obtained in the case.
Representing the state government, additional public prosecutor Sumesh Panjwani on Tuesday argued that Banerjee was not visiting Mumbai in her official capacity.
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"The visit had a political agenda," he said, adding that hence, no sanction was required.
Special judge R N Rokade said he will pass the order on Banerjee's plea on January 12.
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