A division bench of the Calcutta High Court on Wednesday granted leave to the West Bengal government to file an appeal against a single bench order staying proceedings on an FIR against several BJP MLAs over a complaint alleging they disrespected the national anthem.

Notices were sent by the Calcutta 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 by ruling TMC legislators last month.

BJP MLA Sankar Ghosh and others moved the high court praying for quashing of the FIR lodged against the saffron party legislators.

A single bench of Justice Jay Sengupta had on December 7 ordered an interim stay till January 17 on proceedings on the FIR.

The state's counsel prayed for permission before the division bench presided by Chief Justice T S Sivagnanam to file an appeal against the single bench order.

The division bench, also comprising Justice Hiranmay Bhattacharyya, directed the state to serve copies of the appeal to the respondents and said it will hear the matter on December 20.

The FIR was registered after the state’s ruling party 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.

Justice Jay Sengupta had 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.

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