Kolkata, Dec 4 (IANS): BJP MLAs on Monday approached the Calcutta High Court challenging an FIR filed against them by the Kolkata Police accusing the legislators of insulting the National Anthem within the state Assembly premises.

The single-judge bench of Justice Jay Sengupta has admitted the petition of the BJP MLAs and the matter will come up for hearing later in the day.

Although the city police has sent the notice for questioning to 12 BJP legislators, 10 of the them moved the Calcutta High Court challenging the notice and the FIR.

According to the notice, the BJP MLAs have been asked to appear for questioning on Wednesday.

The FIR was filed on November 30 on the basis of a complaint from three Trinamool Congress MLAs.

The ruling party MLAs had submitted the complaint to Assembly Speaker Biman Bandopadhyay, who in turn forwarded it to the city police following which the FIR was filed.

The incident occurred on November 29 when Trinamool Congress legislators, donning black shirts and led by Chief Minister Mamata Banerjee, were protesting near the statue of B.R. Ambedkar within the Assembly premises against the non-payment of central dues to the state government under various schemes.

Towards the end of the protest session, a group of BJP MLAs led by the Leader of Opposition (LoP) arrived at the Assembly premises for the party mega rally which was attended by the Union Home Minister Amit Shah.

The legislators, including the LoP, were seen shouting "thieves, thieves" while pointing at the protesting demonstrations.

Later the Chief Minister complained to the Speaker saying that the BJP legislators were raising those slogans when the ruling party MLAs were singing the National Anthem, deeming it as an insult.

She also requested the Speaker to adopt necessary legal steps.