The Kerala High Court on Wednesday disposed of a petition filed by Union Minister of State for Human Resources Development Shashi Tharoor to quash a case against him for dishonouring the National anthem. Justice V K Mohanan directed Tharoor to approach the Ernakulam Additional Chief Judicial Magistrate (ACJM) Court for discharge.
According to the petitioner, he not only did not disrupt the rendition of the National anthem during a function held in Kochi but urged the audience to bring in some passion while singing.
The court asked the ACJM to consider the plea by Tharoor exclusively on merit and on the basis of evidence submitted by Joy Kaitharath, the complainant.
The court also ordered to defer framing charges against him and adjourn the case to February 16. The ACJM had posted the case to January 23.
The court observed that there is nothing to suggest that the petitioner had sought for a discharge after recording the evidence. The magistrate had no occasion to consider the plea either orally or as an application for discharge.
“After recording the evidence in the case, under 244 of CrPC, the petitioner had not filed any application for discharge or made any oral request for the same,” the court said.
The ACJM decided to frame charges against Tharoor, and posted the case for framing charges. The court stated that it refrained from making any opinion on the merit of the case, as it would adversely affect the case.