He claimed that Banerjee’s acts amounted to an insult and disrespect to the National Anthem, which was an offence punishable under the Prevention of Insults to National Honour Act of 1971.
Gupta filed a complaint before the magistrate, who issued an order summoning Banerjee to appear on March 2, 2022.
Banerjee challenged the same before the sessions court which set aside the summons and remanded the matter back to the magistrate for fresh consideration.
The CM moved the High Court challenging the same.
She contended that the matter should not have been remanded back to the Magistrate for reconsideration but should have been quashed by the Sessions Court itself.
Source: Barandbench
