Patna: The Patna High Court quashed a complaint against Bihar Chief Minister Nitish Kumar filed in connection with alleged disrespect to National Anthem during the inauguration ceremony of “Speak Takraw” World Cup, saying merely folding hand in ‘Pranaam Mudra’ in standing position and ‘smiling face’ cannot be construed by any prudent imagination that it was the insult of the National Anthem.
“The complainant himself disclosed that at the time of singing of the national anthem, the petitioner (Nitish Kumar) was standing and was doing “Pranaam” with a smiling face. This admitted conduct of the petitioner shows only high respect for the national anthem having a smiling face at the time of singing of the national anthem, merely folding hand in ‘Pranaam Mudra’ in standing position and ‘smiling face’ cannot be construed by any prudent imagination that it was the insult of the “National Anthem”,” a single bench of Justice Chandra Shekhar Jha said while quashing the entire complaint with notice to Nitish Kumar as “proposed accused” with consequential proceedings.
The High Court also rejected the submission of the complainant that the Bihar Chief Minister was disturbing the next standing person in the row, saying it appears politically motivated.
“It is submitted that as far as the allegation qua disturbing the next standing person in the row is concerned, it appears politically motivated, which can be gathered from the complaint itself as the name of the person who was said to be disturbed by the petitioner (Nitish Kumar) during the national anthem in the alleged video clips, was not even named, who otherwise could be the best witness in support of allegation,” the High Court said.
The Bihar Chief Minister approached the High Court challenging an order of a Begusarai court issuing a notice against him as “proposed accused” in a complaint case in connection with alleged disrespect to National Anthem during the inauguration ceremony of “Speak Takraw” World Cup and sought quashing of the entire complaint case.
Advocate General PK Shahi submitted before the High Court that the complaint was filed under political motivation to tarnish the image of Nitish Kumar, who is the Chief Minister of the State of Bihar since 2005, and with oblique and ulterior motives, as the election of the State Assembly is likely to be held in a few months.
Shahi further submitted that Nitish Kumar was present at the alleged event in the capacity of Chief Minister of Bihar to inaugurate the event, and, therefore, his presence at the event cannot be distinguished from his official function and any such observation is perverse on its face. He further said that holding Nitish Kumar not as a public servant for the alleged event is bad in the eyes of the law and, therefore, the issuance of notice as “proposed accused” to petitioner Nitish Kumar without examining the complainant on oath or any witnesses, as required under the provisions of the BNSS, and the Magistrate not following the procedural safeguards under sections 218 and 223 BNSS is liable to be quashed and set aside.
Complainant Vikash Paswan said that while he was watching a broadcast, he noticed that Nitish Kumar while inaugurating the event of “Speak Takraw” World Cup, he was found talking with a person standing next to him during the singing of the ‘National Anthem’ and he was continuously disturbing the said person and also found in the posture of ‘Pranaam’. He further alleged that the conduct of the Bihar Chief Minister during the playing of the National Anthem is an offence punishable under section 3 of the Prevention of Insult to National Honour Act, 1971 and the said act of the Bihar Chief Minister has deeply hurt him.
