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 in Mumbai 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 Bharatiya Janata Party 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.
"The visit had a political agenda," he said, adding that hence, no sanction was required.
Special judge RN Rokade said he will pass the order on Banerjee's plea on January 12.
