Kolkata: The Calcutta high court on Thursday stayed legal proceedings against Bharatiya Janata Party (BJP) legislators for allegedly insulting the National Anthem.

Singh judge bench Justice Jay Sengupta raised questions on whether the singing the National Anthem by the TMC MLAs, at a dharna site where slogans were also being raised, was in conformity with the order relating to the National Anthem of India.

“As would be evident from video clippings of the dharna organised by the ruling political dispensation itself, there were slogan shouting of the worst kind made by them. Singing National Anthem is such a gathering itself was a violation of the order relating to National Anthem of India and thus becomes punishable under the Special Act,” the order stated.

On November 29, TMC legislators wearing black dresses were staging a protest against the alleged freezing of central funds. BJP legislators reportedly chanted ‘chor chor’ slogans within a few metres of the protest site. The slogans allegedly continued when TMC MLAs were singing the National Anthem.

A police complaint alleging that BJP MLAs insulted the National Anthem was lodged by Sukumar Ray, secretary of the West Bengal Legislative Assembly (WBLA) along with a two-page letter addressed to the assembly speaker, signed by TMC legislators.

The Kolkata Police initiated a case against 11 BJP MLAs on the basis of a complaint lodged under section 3 (prevention of singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 and other sections of the Indian Penal Code. The BJP moved high court challenging the police proceedings, and the Calcutta high court on Thursday stayed the proceedings until January 17, 2024 .

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“Singing of National Anthem cannot be used as a ploy to deter the petitioners from continuing with such activities or to put them in further peril of getting penalise under the Special Act,” the bench stated.

The TMC, however, defended the singing of the National Anthem at the end of a dharna.

“Where is the wrong in singing the National Anthem at the end of a dharna? We all stand when the National Anthem is being sung. The court is giving indulgence to those who insulted the National Anthem. Would anyone believe that so many TNMC MLAs were singing the National Anthem and the BJP legislators didn’t hear that?” Kunal Ghosh, TMC spokesperson, said in a press conference.

“No one is contesting that one should stand up when the National Anthem is being sung. The question is (whether) it is appropriate to sing the National Anthem where a dharna is going on and slogans are being raised to insult the country’s prime minister and home minister? The TMC is using this to divert attention from its failures,” Samik Bhattacharya, BJP spokesperson, told media persons.