Mumbai court rejects plea for FIR against WB CM; says no prior sanction from appropriate authority

Mumbai, Jul 17 (PTI) Citing lack of prior sanction from appropriate government authority, a Mumbai court has rejected a plea seeking registration of a case against West Bengal Chief Minister Mamata Banerjee for allegedly hurting religious sentiments of a community.

A city based lawyer had moved court last year seeking registration of case against Banerjee for repeatedly making statements intended to insult religious sentiments of a community as well as "create anarchy and communal disharmony".

Her statements were nothing but "hate speech", the plea had alleged.

The complainant had highlighted her statement made in the aftermath of the violence at RG KAR Medical College and Hospital in West Bengal following the rape and murder of an on-duty doctor on August 9 last year.

He was referring to the incident where a mob attacked and vandalised the premises there amid protests over the rape-murder.

However, the court held that cognizance of offenses under Bharatiya Nyaya Sanhita sections 196 (promoting enmity between two groups) 299 (outrage religious feelings), 302 (uttering words with intent to hurt religious feelings) and others cannot be taken without the previous sanction of the Central or the state government as stipulated under relevant provisions of Bharatiya Nagarik Suraksha Sanhita.

Judicial Magistrate (Girgaon court) S R Nimse, in an order passed last month, noted that no such sanction was on record in the present complaint against the West Bengal chief minister.

The court ruled that, hence, it cannot order for registration of offence and dismissed the complaint. PTI AVI BNM