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Calcutta High Court stays FIR against 10 BJP MLAs booked for insulting National Anthem

During a recent assembly session, the ruling Trinamool Congress had staged a Dharna opposing the Central government’s move to withhold the States ‘rightful dues.’

Even the BJP MLAs were staging a protest in the assembly premises. During this face-off, the ruling dispensation started singing the National Anthem and the BJP MLAs kept shouting slogans against the TMC. 

This, the State contended, was an insult to the National Anthem as the BJP legislators did not stand up for the same but were instead busy in sloganeering.

Single-judge Justice Jay Sengupta opined that whether the National Anthem should be sung amidst dharna is a ‘debatable issue.’

“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,” the judge said in his order.

He further noted that the two different groups were demonstrating regarding two different issues at some distance (within the assembly premises).

“Therefore, it is also to be decided whether the norms set by and requirements of one gathering would automatically bind those in the other gathering,” the judge underlined. 

Source: Barandbench

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