The Kerala High Court on Wednesday stayed all further proceedings in a case relating to ‘showing disrespect to the National Anthem' against Shashi Tharoor, MP, pending before a magistrate court.
Justice B.P. Ray stayed the proceedings for six weeks on a petition moved by Mr. Tharoor against the magistrate court's order declining his plea to summon the compact disc containing the visuals of the controversial meeting in which he had allegedly insulted the National Anthem.
The proceedings were initiated by the Ernakulam Additional Chief Judicial Magistrate on a complaint filed by Joy Kaitharath, general secretary, State Human Rights Protection Centre, Thrissur. According to him, Mr. Tharoor interrupted the rendition of the National Anthem at a meeting organised in memory of K.P. Hormis by the Fedbank Hormis Memorial Foundation on December 16, 2008, in Kochi.
The allegation
The petitioner alleged that after the delivery of the commemoration lecture, when the entire audience and dignitaries started singing the National Anthem, Mr. Tharoor took a microphone from the table and asked the audience to sing the National Anthem by placing the right hand on the chest. The National Anthem was rendered again as suggested by Mr. Tharoor, the petition said.
The complainant charged Mr. Tharoor with intentionally preventing the singing of the National Anthem and causing disturbances to the assembly, which was singing the anthem. Mr. Tharoor had committed an offence punishable under Section III of the Prevention of Insults to the National Honour Act 1971, the petition said.
Mr. Tharoor, in his petition, said the magistrate court order declining his request was wrong. Had the CDs been examined by the magistrate, he could have formed an opinion whether the proceedings in the case should be continued or not.
