The Calcutta High Court has issued a stay on the proceedings of an FIR lodged against ten BJP MLAs accused of insulting the National Anthem during a recent assembly session. This development comes amidst a heated political face-off between the ruling Trinamool Congress (TMC) and the BJP legislators in the assembly.
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The controversy arose during a dharna staged by the TMC, protesting against the Central government’s decision to withhold the state’s ‘rightful dues.’ Concurrently, BJP MLAs were also holding a protest within the assembly premises. Amidst this standoff, TMC members began singing the National Anthem, while the BJP MLAs continued shouting slogans against the TMC. The State contended that the BJP legislators insulted the National Anthem by not standing up and continuing their sloganeering.
Justice Jay Sengupta of the Calcutta High Court, in his order, raised questions about the appropriateness of singing the National Anthem amidst such a dharna. He stated,
“It is debatable whether in the midst of slogan shouting by either of the groups, singing of the National Anthem was in conformity with the decorum as expected in the Order pertaining to the use of National Anthem and the Special Act. It appears that the two gatherings were at some distance of each other and the gathering of the petitioners’ was behind two big pillars/gate.”
Justice Sengupta further noted the physical separation and differing focuses of the two groups, highlighting that it needed to be decided whether the norms and requirements of one group automatically applied to the other. The BJP MLAs, represented by advocate Rajdeep Mazumdar, argued that singing the National Anthem in such a situation was indecorous, especially as the opposing group (BJP) was engaged in slogan-shouting nearby. Mazumdar pointed out that the National Anthem being sung by the TMC legislators was barely audible to the opposition group.
On the other side, senior advocate Kishore Dutta, representing the State, informed the bench that witness statements had already been recorded in the case. He also mentioned that the petitioners had not alleged any malafide intent on the part of the State.
The High Court’s decision to stay the proceedings of the FIR against the BJP MLAs brings a temporary halt to this politically charged case, underscoring the complexities involved in the intersection of political protests, legislative decorum, and the revered status of the National Anthem in India.
