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Bombay HC refuses to grant any relief to West Bengal CM Mamata Banerjee in National Anthem case

Banerjee was booked for offences under the Prevention of Insults to National Honour Act, 1971.

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West Bengal CM Mamata Banerjee

The Bombay High Court on Wednesday refused to grant any relief to the West Bengal Chief Minister Mamata Banerjee for allegedly disrespecting the national anthem in 2022.

Mamata Banerjee’s petition challenging a January 2023 judgement of a sessions court returning the case to the magistrate’s court for investigation and on the issue of summons issuance was dismissed by a single bench of Judge Amit Borkar.

In her application, Banerjee argued that the sessions court should have completely dismissed the complaint rather than just nullifying the summons and remitting the matter. However, Judge Borkar pointed out that the order from the sessions court was illegal, hence the HC did not need to interfere.

Read Also: Karnataka Assemble Elections: ECI announces polling, result dates

Banerjee also filed an application to the high court on January 20 to challenge the summons that metropolitan magistrate P. I. Mokashi had issued to her on February 1, 2022.

On February 25, 2022, a special judge named Rahul Rokade ordered the magistrate to reopen the case after seeking the complainant’s response and suspending the summons against Banerjee.

In March 2022, a magistrate’s court summoned Mamata Banerjee in response to a complaint made by activist Vivekanand Gupta alleging that the Trinamool Congress founder had performed the National Anthem at a public event at the Yashwantrao Chavan Auditorium in Cuffe Parade, Mumbai, in a seated position then getting up and singing two verses before abruptly stopping and departing the venue.

Banerjee was booked for offences under the Prevention of Insults to National Honour Act, 1971.

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Amit Shah attacks Rahul Gandhi over Congress poll losses, questions SIR row

Union Home Minister Amit Shah criticised Rahul Gandhi over the Opposition’s allegations concerning the Special Intensive Revision (SIR) of electoral rolls. Shah argued that the Congress had been losing elections before the exercise began after 2024 and cited the BJP’s victories in Gujarat’s civic polls.

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Union Home Minister Amit Shah on Tuesday criticised Rahul Gandhi over the Opposition’s allegations concerning the Special Intensive Revision (SIR) of electoral rolls. Shah argued that the Congress had been losing elections since Gandhi entered politics and questioned how the SIR exercise, which he said began after 2024, could explain the party’s electoral defeats.

His remarks came amid protests by Rahul Gandhi and other Opposition leaders demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the SIR process.

Shah accused Gandhi of using the controversy to deflect attention from the Congress’s electoral setbacks. He argued that the party’s history of defeats could not simply be attributed to changes in voter lists.

Amit Shah cites BJP’s Gujarat civic poll victories

Shah referred to the BJP’s recent performance in Gujarat’s local body elections, particularly in Gandhinagar, where the party retained control of the municipal corporation.

The BJP won 38 of the 44 seats in the Gandhinagar Municipal Corporation. The BJP also retained control of the Thara and Okha municipalities, according to the report.

Shah cited these results while defending the BJP’s electoral performance and asserting that the victories reflected the popularity of the party and Prime Minister Narendra Modi.

Shah questioned the Opposition’s attempt to link the Congress’s electoral defeats to the SIR exercise, citing the party’s electoral record as part of his argument.

Rahul Gandhi vows to continue Opposition protests

Shah’s comments followed a press conference by Rahul Gandhi, who reiterated that the Opposition would continue its campaign against what it alleges are irregularities in the SIR process and concerns over the functioning of Chief Election Commissioner Gyanesh Kumar.

Gandhi said the political resistance would continue, framing the campaign as a fight for the restoration of democracy.

The Congress and other Opposition leaders have raised concerns about the electoral roll revision process, while the BJP has defended its electoral record and challenged the Opposition’s explanations for its defeats.

Shah’s remarks added to the political confrontation between the BJP and Congress over electoral processes, voter lists and the interpretation of recent election results.

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Supreme Court stays defamation case against Rahul Gandhi over PM Modi remarks

The Supreme Court has temporarily halted trial court proceedings in the criminal defamation case against Rahul Gandhi over his alleged remarks concerning Prime Minister Narendra Modi. The court has issued notices seeking responses within four weeks.

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Rahul Gandhi

The Supreme Court has stayed further proceedings before the trial court in a criminal defamation case against Congress leader Rahul Gandhi over his alleged remarks concerning Prime Minister Narendra Modi.

A bench comprising Justices Vikram Nath and Aparesh Kumar Singh issued notices to the Maharashtra government and the complainant, seeking their responses within four weeks. The order provides interim relief to Gandhi while the Supreme Court considers his challenge to an earlier Bombay High Court decision.

The case concerns remarks allegedly made by Gandhi in 2018. A magistrate’s order dated August 28, 2019, initiated proceedings against him in the criminal defamation case. The Supreme Court’s latest order temporarily pauses the trial court proceedings; it does not amount to a final ruling on the allegations.

Why Rahul Gandhi approached the Supreme Court

Gandhi challenged the Bombay High Court’s September 8 order, which declined to quash the summons issued against him in the criminal defamation case.

The complaint was filed by Maharashtra-based BJP member Mahesh Shrishrimal before a magistrate court in Girgaum, Mumbai. The complaint concerns remarks Gandhi allegedly made about Prime Minister Narendra Modi during a public address in Rajasthan on September 20, 2018.

The complainant alleged that Gandhi’s remarks were defamatory and affected the reputation of the Prime Minister and BJP members. These remain allegations and have not been established by a final court judgment. These are allegations in the complaint, rather than findings established by a final court judgment.

Gandhi had sought to have the criminal proceedings quashed, challenging the maintainability of the complaint and the complainant’s standing to bring the case.

What the Bombay High Court had ruled

On September 8, the Bombay High Court rejected Gandhi’s plea to quash the criminal defamation proceedings.

The Bombay High Court rejected Gandhi’s plea to quash the proceedings, holding that the complaint could not be dismissed at that stage merely on the ground that the complainant was a BJP member. It observed that whether the alleged remarks were directed solely at the Prime Minister or could also affect members of the party would require examination during the trial.

The High Court’s decision allowed the proceedings to remain in place, although it had earlier provided temporary protection to Gandhi to enable him to approach the Supreme Court.

What happens next

The Supreme Court has now stayed further proceedings before the trial court and sought responses from the Maharashtra government and Mahesh Shrishrimal within four weeks.

The Supreme Court has sought responses within four weeks. The next hearing date should be included only if it has been confirmed by the court or the reference report. The interim stay pauses the trial court process while the Supreme Court considers Gandhi’s challenge to the High Court’s order.

The latest development does not determine whether the alleged remarks amount to criminal defamation. That issue remains subject to the legal proceedings.

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CJP claims Saurav Das, Ashutosh Ranka detained at Jantar Mantar

The Cockroach Janta Party (CJP) claimed that leaders Saurav Das and Ashutosh Ranka were detained by Delhi Police during a protest at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar.

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Saurabh Das Ashutosh Ranka

The Cockroach Janta Party (CJP) claimed on Tuesday, October 13, that its leaders Saurav Das and Ashutosh Ranka had been detained during a protest in Delhi against Chief Election Commissioner Gyanesh Kumar. The party said its members had reached the protest site carrying the national flag.

The CJP has been organising protests against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. The party has demanded accountability from the Election Commission and the resignation of the Chief Election Commissioner.

CJP founder Abhijeet Dipke said that Saurav Das, Ashutosh Ranka and other party members had been detained, according to the party’s account.

Dipke criticised the restrictions on protests, saying that resistance could not be stopped by changing the status of a designated protest venue.

Why the CJP is protesting

The CJP has been protesting against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the voter-roll revision exercise. The party has raised concerns about the deletion and alleged manipulation of voters’ names. These claims remain allegations and should not be treated as independently established findings.

Earlier detention of CJP leaders

The latest reported detentions follow an earlier incident involving CJP founder Abhijeet Dipke and leaders Saurav Das and Ashutosh Ranka. The three were detained at Delhi’s Indira Gandhi International Airport on October 10 ahead of the planned Jantar Mantar demonstration.

According to related reporting, the three CJP leaders were released on October 11 following proceedings before an executive magistrate after furnishing a surety bond for maintaining peace and good behaviour for one year.

The CJP’s claims come amid its protests against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the voter-roll revision exercise.

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