BJP MLA Sankar Ghosh and others moved the high court praying for quashing of the FIR lodged against the saffron party legislators.
The Calcutta High Court on Thursday ordered an interim stay on proceedings on an FIR against several BJP MLAs over a complaint alleging that they disrespected the national anthem when it was being sung on the West Bengal assembly premises by the TMC legislators recently.
The state's ruling party has accused the BJP legislators of shouting anti-state government slogans and not standing up while the anthem was being sung. Both groups were holding dharnas on different issues and were not far from each other on November 29.
BJP MLA Sankar Ghosh and others moved the high court praying for quashing of the FIR lodged against the saffron party legislators.
The court observed that it is debatable whether singing the national anthem amid slogan shouting by either of the groups conformed with the expected decorum and the law concerned.
Staying proceedings on the FIR till January 17, the court directed that the matter will be heard again on January 10.
The court directed the state to file an affidavit-in-opposition stating their position on the averments in the petition within a fortnight and reply to it by the petitioners be filed within a fortnight thereafter.
The court perused video footage produced by the state on the incident in the West Bengal assembly premises on November 29 involving the ruling TMC and opposition BJP legislators.
Justice Jay Sengupta observed that it appears that the two gatherings were at some distance from each other and the gathering of the petitioners was behind two big pillars.
"It prima facie appears that two different groups were demonstrating and exercising their rights regarding two different issues at some distance at the relevant point," the court said.
Stating that the matter needs to be heard at length, Justice Sengupta said that it is also to be decided whether the norms set by and requirements of one gathering would automatically bind those in the other gathering.
Notices were sent by the Kolkata Police to five BJP MLAs over a complaint alleging that they disrespected the national anthem when it was being sung on the West Bengal assembly premises.
The notice had been stayed till this day by the court on the first hearing date on December 4.
-With PTI Input