Calcutta HC refuses to Interfere with order staying Police probe on National Anthem case

The Calcutta High Court on Monday refused to interfere with a previous order by its single-judge bench putting an interim stay on any investigation by Kolkata Police against BJP legislators accused by ruling Trinamool Congress of insulting the National Anthem within the state Assembly premises.

The order for a stay on the police investigation in the matter was given by the bench of Justice Jay Sengupta in December last year.

However, the West Bengal government moved the division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya, which heard the matter on Monday, but declined to interfere and referred the matter back to the same single-judge bench.

The incident occurred on November 29 when Trinamool legislators, sporting black shirts and led by Chief Minister Mamata Banerjee, were protesting near the statue of BR Ambedkar within the Assembly premises against the non-release of central funds to the state government under various centrally-sponsored projects.

Towards the end of the protest, a group of BJP MLAs, led by the Leader of Opposition Suvendu Adhikari arrived at the Assembly premises and shouted “thieves” while pointing at the protesting demonstrations.

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The Chief Minister complained to the Speaker that the BJP legislators were raising derogatory slogans while the ruling party MLAs were singing the National Anthem. Later three Trinamool legislators filed a complaint in the matter following which the cops of Hare Street police station in central Kolkata registered an FIR and started an investigation.

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