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Need for probe: Calcutta High Court in National Anthem case

Counsel for the state, Kishore Datta, opposed the accused BJP MLAs’ prayer for quashing the FIR against them and pleaded for early disposal of the case. The court turned down the plea

Tapas Ghosh, Monalisa Chaudhuri Calcutta Published 08.12.23, 06:36 AM
Calcutta High Court

Calcutta High Court File image

Justice Jay Sengupta of Calcutta High Court on Thursday said there was a need to “know the truth” and probe the allegations by BJP MLAs that Trinamul MLAs had used the National Anthem “as a weapon” against the
BJP.

Justice Sengupta asked the state government to submit an affidavit by January 10 on the alleged insult to the National Anthem in the Assembly compound.

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BJP MLAs stand accused of insulting the National Anthem by shouting slogans when a group of Trinamul MLAs was singing the anthem in the Assembly compound. The Trinamul legislators, on the other hand, have been accused of using the anthem as a weapon.

On Thursday, the judge directed police not to take any coercive action against
accused BJP MLAs till January 17.

Justice Sengupta, who was hearing the case, said: “The petitioners (BJP MLAs) alleged in their petition that when they were organising a political programme, some Trinamul MLAs started singing the National Anthem with an intention to disturb their programme. The petitioners also alleged that the ruling party MLAs had used the National Anthem as a weapon against the BJP.”

The judge then said: “To know the truth, there is a need for a thorough inquiry. So this court is keeping the matter pending for the time being.”

Counsel for the state, Kishore Datta, opposed the accused BJP MLAs’ prayer for quashing the FIR against them and pleaded for early disposal of the case. The court turned down the plea.

Advocate Rajdeep Majumdar, who appeared for the BJP, said: “The act by the ruling party members was unethical and illegal. The National Anthem cannot be used to serve any political purpose.”

The original complaint was lodged by Trinamul MLAs against some BJP MLAs who allegedly shouted “chor chor (thief thief)” when the Trinamul team, led by chief minister Mamata Banerjee, was singing the anthem.

The court had earlier passed an order directing the police to not take any action against the accused BJP MLAs till December 7. On Thursday, the court extended the relief till January 17 and asked the state to file an affidavit with all details of the incident for which the police complaint was lodged.

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