Supreme Court refuses Mahua Moitra's plea against police appearance in hate speech case

The Supreme Court on Friday refused to entertain a plea by Trinamool Congress MP Mahua Moitra challenging an order of the Calcutta High Court that directed her to appear before police on August 15 in a hate speech case. A Bench of Justices Dipankar Datta and Sheel Nagu said it was not inclined to interfere with the High Court's order.

Senior advocate Gopal Sankaranarayanan, appearing for the MP, submitted that she has a legal right under law to appear virtually before the police. “The requirement as per the police's notice is to be at the police station in my own constituency. Last time I went there two things happened. First there were threats that eggs will be thrown etc. and second time eggs were actually thrown,” he said.

Asking her to appear before police, the Bench observed orally: “You are a Member of Parliament. Having taken the plunge into politics, you fear eggs? When our freedom fighters have taken bullets on their chest? These are applications that should not come before this court at all.”

As the Bench was not inclined to entertain the matter, the senior lawyer withdrew the plea, and the matter was dismissed as withdrawn.

The Calcutta High Court on July 21 had granted interim protection from coercive action to Ms. Moitra till October 5 in a hate speech case which she claimed is based on fabricated charges. The Krishnanagar MP had sought an interim order preventing coercive police action in the case and quashing of proceedings against her in the case registered at Hogolberia police station in Nadia district.

Justice Saugata Bhattacharyya of the High Court had directed Ms. Moitra to appear before the investigating officer on August 14 for questioning in the case. The court had directed that no coercive steps be taken against her till October 5 subject to compliance with the conditions alluded to, or until further order, whichever is earlier.

Noting that the Bharatiya Nyaya Sanhita (BNS) provisions applied to Ms. Moitra carry a maximum punishment below seven years, the court had observed that she is entitled to protection from coercive action provided she cooperates with the investigation. Justice Bhattacharyya had 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.