Date:07/02/2008 URL: http://www.thehindu.com/2008/02/07/stories/2008020754290500.htm

Karnataka - Bangalore

Court order against Narayana Murthy quashed

Staff Reporter

BANGALORE: The Karnataka High Court on Wednesday allowed a petition by founder and chief mentor of Infosys, N.R. Narayana Murthy, who had sought quashing of all further proceedings initiated against him by a Mysore court.

The second Junior Magistrate First Class, Mysore, on August 22, 2007 issued process (summons) to Mr. Murthy, following a complaint by the former Minister and Member of Parliament, H.N. Nanje Gowda, that he (Mr. Murthy) had insulted the national anthem. Mr. Nanje Gowda had said in his petition that Mr. Murthy had made disparaging remarks when he was interacting with journalists after the visit of President A.P.J. Abdul Kalam to the Infosys campus in Mysore.

Mr. Murthy submitted in his reply that the Mysore court had erred in issuing process against him for an offence under Section 3 of the Prevention of Insults to National Honour Act, 1971.

Mr. Murthy submitted that his remarks were taken out of context.

He said Mr. Nanje Gowda filed his complaint based on these reports.

Mr. Murthy denied the allegations made against him and said a single judge of the Karnataka High Court had earlier quashed the proceedings against him initiated by a Bangalore court on a complaint filed by the Karnataka Vakilara Rakshana Vedike.

However, the Mysore judge had failed to consider the High Court order that he had no jurisdiction to issue summons to Mr. Murthy on the same cause of action.

Allowing Mr. Murthy’s petition, Justice Anand Byrareddy said the entire episode was an unintentional one brought about by a curious reporter rather than any want of patriotism or disrespect for the national anthem.

Moreover, the finding of the trial court on a possible breach of protocol in allowing the singing of a national anthem under Section 5 of the Act could not be sustained.He quashed the August 22 order of the Mysore court.

He, however, said it was not necessary to issue a general direction as prayed for by Mr. Murthy to the subordinate courts not to entertain any complaint for his alleged offence.