Patna HC Quashes Complaint Against Bihar CM Nitish Kumar Over Alleged Insult To National Anthem [Read Judgment]

Patna: The Patna High Court has delivered a significant judgment, quashing a complaint case filed against Bihar Chief Minister Nitish Kumar. The court emphasized the importance of shielding public servants from politically motivated allegations and clarified the legal threshold for claims involving insults to national symbols.

Justice Chandra Shekhar Jha heard the matter arising from a complaint filed by Vikash Paswan against the Chief Minister. The court noted, “The present complaint was filed with political motivation to tarnish the image of the petitioner, who has been the Chief Minister of the State of Bihar since 2005.”

Addressing the specific allegations, the court observed, “On 20.03.2025, while the complainant was watching a broadcast on Nav Bharat TV Channel at about 1:45 P.M., YouTube, and other social media platforms, he noticed that the petitioner, during the inauguration of the ‘World Cup Sepak Takraw’ event, was seen talking to a person standing next to him during the singing of the National Anthem. He was also continuously disturbing the said person and was seen in a ‘Pranaam’ posture.”

Highlighting procedural lapses, the court held: “Without examining the complainant on oath and without the examination of prosecution witnesses, the learned Magistrate’s decision to proceed and issue notice to the petitioner as a ‘proposed accused’ is wholly unfounded and misconceived.”

On the petitioner’s official capacity, the court stated, “The petitioner was present at the inaugural function at Patliputra Stadium, Patna, in his capacity as Chief Minister. If he were not the Chief Minister, he would have had no occasion to inaugurate the event. Hence, his presence cannot be divorced from his role as a public servant.”

The court stressed adherence to proper procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, particularly Sections 218, 223, and 226, which govern complaints against public servants.

Regarding the alleged conduct, the court observed: “The complainant himself admitted that the petitioner was standing and doing ‘Pranaam’ with a smiling face during the singing of the National Anthem. This shows a high degree of respect. Merely folding hands in ‘Pranaam Mudra’ and smiling cannot, by any prudent interpretation, be construed as an insult to the National Anthem.”

Accordingly, the court quashed the entire complaint, including the notice issued to the Chief Minister, for being contrary to established legal principles.

Counsel:

• For the Petitioner: Mr. P.K. Shahi, Senior Advocate (Advocate General), Mr. Amish Kumar, Mr. Sanjiv Kumar, Ms. Nausheen Fatma, and Mr. Atul Anjan
• For the State and Complainant: Mr. Bhanu Pratap Singh, APP, and Mr. Akash Shankar

Case Title: Nitish Kumar vs. State of Bihar & Anr.

[Read Judgment]