NEW DELHI, India — The Supreme Court on Friday declined to entertain Trinamool Congress MP Mahua Moitra’s plea challenging a Calcutta High Court direction requiring her to appear before police in connection with a hate speech case registered in West Bengal.
- The Supreme Court bench declined to interfere with the Calcutta High Court order.
- Moitra’s lawyer argued that she has a legal right to appear virtually before police.
- The MP’s plea was withdrawn after the Supreme Court indicated it was not inclined to entertain the matter.
- The Calcutta High Court has granted her protection from coercive action until October 5, subject to specified conditions.
Supreme Court declines to interfere
A bench comprising Justices Dipankar Datta and Sheel Nagu said it was not inclined to interfere with the order passed by the Calcutta High Court.
Senior advocate Gopal Sankarnarayanan, representing Moitra, told the Supreme Court that the MP had a legal right under the law to appear virtually before the police.
He also referred to security concerns surrounding her previous appearances at the police station in her constituency. According to his submission, there had been threats of eggs being thrown during one visit, while eggs were actually thrown on another occasion.
Bench questions concern over police appearance
During the hearing, the bench questioned Moitra’s concern about appearing before the police, referring to her position as a Member of Parliament and her decision to enter politics.
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The bench also referred to the sacrifices made by freedom fighters while expressing its view that the application should not have come before the Supreme Court.
With the bench indicating that it would not entertain the matter, Moitra’s counsel withdrew the plea. The matter was subsequently dismissed as withdrawn.
What the Calcutta High Court had ordered
The Supreme Court proceedings stem from an earlier order of the Calcutta High Court in the case registered at Hogolberia police station in Nadia district.
On July 21, the high court granted Moitra interim protection from coercive action until October 5, subject to her complying with the conditions laid down by the court and cooperating with the investigation.
Moitra had approached the high court seeking protection from coercive police action and the quashing of proceedings in the case. She had claimed that the allegations against her were fabricated.
Police questioning and investigation
Justice Saugata Bhattacharyya of the Calcutta High Court had directed Moitra to appear before the investigating officer for questioning and to comply with police notices as part of the probe.
The high court observed that the provisions of the Bharatiya Nyaya Sanhita applied in the case carry a maximum punishment of less than seven years. On that basis, it held that Moitra was entitled to protection from coercive action provided she cooperated with the investigation.
The high court had also scheduled the matter for further hearing on October 1.
Case timeline
| Date | Development |
|---|---|
| July 21 | Calcutta High Court granted Moitra interim protection from coercive action until October 5, subject to conditions. |
| August 7 | Supreme Court declined to entertain Moitra’s challenge to the high court direction and the plea was withdrawn. |
| October 1 | The Calcutta High Court is scheduled to hear the matter again. |
| October 5 | The interim protection from coercive action is scheduled to remain in place until this date, subject to the court’s conditions. |
What happens next
The police investigation will continue under the conditions imposed by the Calcutta High Court. Moitra remains required to cooperate with the probe and comply with police notices.
The Calcutta High Court is scheduled to take up the matter again on October 1. The interim protection granted by the high court remains subject to its stated conditions and any further order.
Frequently Asked Questions
Where was the case registered against Mahua Moitra?
The case was registered at Hogolberia police station in Nadia district of West Bengal.
What did Mahua Moitra seek from the Supreme Court?
Moitra challenged the Calcutta High Court direction requiring her to appear before police and sought permission to appear virtually through her legal challenge.
Source attribution
This report is based on information supplied from the PTI news service report provided for this article.
