Calcutta High Court grants interim protection to TMC MP Mahua Moitra in hate speech case
The Calcutta High Court on Tuesday granted interim protection from coercive action to Trinamool Congress MP Mahua Moitra until October 5 in a hate speech case. Ms Moitra, who represents the Krishnanagar constituency, had sought an interim order to prevent coercive police action and to quash the proceedings against her in the case registered at Hogolberia police station in Nadia district.
Justice Saugata Bhattacharyya directed Ms Moitra to appear before the investigating officer on August 14 for questioning. The court ordered that no coercive steps be taken against her until October 5, subject to her compliance with conditions, or until further order, whichever is earlier.
The court noted that the Bharatiya Nyaya Sanhita (BNS) provisions applied to Ms Moitra carry a maximum punishment of less than seven years. Therefore, she is entitled to protection from coercive action provided she cooperates with the investigation. Justice Bhattacharyya directed Ms Moitra to cooperate with the probe and comply with police notices by appearing before the investigating officer.
The matter will be heard again on October 1. On a request by her lawyer Ayan Bhattacharya, the court directed the police to ensure that Ms Moitra is not subjected to egg pelting when she appears before the investigating agency.
Ms Moitra's lawyer argued that the punishment prescribed for the alleged offences is well below seven years, entitling her to protection from coercive action. He stated that Ms Moitra is currently in Delhi and will be engaged in the monsoon session of Parliament, which is scheduled to continue until August 13. He submitted that she would be able to appear before the investigating officer virtually if required until August 13, and would be present in person on or from August 14.
Representing the state, Advocate General Surojit Nath Mitra opposed the petition, stating that Ms Moitra had not complied with notices to appear before the investigating officer on four previous occasions.
The case involves allegations of hate speech made against Ms Moitra. The court's interim order provides her protection while the legal proceedings continue.
