The Hindu : Karnataka / Bangalore News : Proceedings against Narayana Murthy quashed

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Wednesday, Aug 15, 2007
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Karnataka

Karnataka - Bangalore

Proceedings against Narayana Murthy quashed

Staff Reporter

BANGALORE: The Karnataka High Court on Tuesday quashed a lower court proceedings in Bangalore against Infosys founder and Chairman N.R. Narayana Murthy.

The court of second Additional Chief Metropolitan Magistrate (ACMM), Bangalore, on May 26 took cognizance of Mr. Murthy’s alleged remarks in Mysore against the singing of the National Anthem and issued summons to him.

The magistrate had acted on a private complaint by the Kannada Rakshana Vakeleera Sangha against Mr. Murthy and issued process under Section 3 of the Prevention of Insults to National Honour Act, 1971.

Mr. Murthy had filed a criminal petition before the High Court urging it to quash the lower court order. The vedike had opposed the petition saying that it had lodged a private complaint before the ACMM on May 3 under Section 200 of the Criminal Procedure Code (CrPC). It said on April 4, at the inauguration of Infosys’ Global Training Centre at Mysore, which was attended by the then President A.P.J. Abdul Kalam the national anthem was not sung. When asked about it, Mr. Murthy had said, “We (Infosys) had formed a five-member team to sing the anthem but as foreign dignitaries were present on the dais, with a view to avoid any delicacy, we cancelled the same.”

The vedike said this was defamatory and an insult to the anthem. The magistrate had issued process to Mr. Murthy under Section 3 of the National Honour Act. Advocates Vijay Kumar and C.H. Hanumantharaya had appeared for the vedike.

Senior counsel K.K. Venugopal, who appeared for Mr. Murthy, contended that a Bangalore-based magistrate did not have the jurisdiction to take cognizance of an event in Mysore. Moreover, Mr. Murthy had not prevented anyone from singing the national anthem.

A musical instrumental version of the national anthem was played at the function in Mysore. There is no provision of the law of in the National Honour Act preventing the playing of an instrumental version of the anthem. Allowing Mr. Murthy’s petition and thereby quashing the lower court proceedings, Justice K. Bhaktavatsala said a reading of the Act and orders relating to the anthem made it clear that playing the recorded musical version was not prohibited.

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