HC stays criminal proceedings against Nitish in national anthem row

Patna: The Patna high court on Thursday stayed a criminal proceedings initiated against chief minister Nitish Kumar by a magisterial court in Begusarai over his alleged insult to the national anthem during an event last month.
A single bench of Justice Chandrashekhar Jha, while hearing an application filed on behalf of Nitish, stayed the proceedings being heard by judicial magistrate first class, Begusarai, till further orders.
The high court also stayed the operation of magisterial court notice issued on April 4, whereby Nitish was directed to reply under what circumstances he had committed the alleged offence.
Nitish is facing allegations of insulting the national anthem during the inauguration of SepakTakraw World Cup at Patliputra Stadium in Patna, and has pleaded for quashing the said complaint.
The complaint was filed by one Vikash Paswan on March 22 before the court of chief judicial magistrate (CJM), Begusarai. Though the CJM Begusarai was on leave, the in-charge judicial officer of CJM court ordered for transfer of the said complaint to his court.
Advocate general P K Shahi and counsel Amish Kumar represented Nitish in the high court. The petitioner's counsels submitted that entire proceedings conducted by the judicial officer was an abuse of the provisions of Bhartiya Nagarik Suraksha Sanhita (BNSS) as the mandatory procedure for issuing notices to a public servant facing accusations was not adopted by the magistrate concerned.
While referring to the rulings of the Supreme Court delivered in the case of Bijoe Emanuel vs State of Kerala, advocate general Shahi demonstrated that the complaint was politically motivated. Finding force in submissions of advocate general, high court issued notices to complainant Vikas and stayed the matter. The next hearing has been scheduled for May 1.