Calcutta HC grants interim protection to 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 till October 5 in a “hate speech” case which she claimed is based on fabricated charges.

The Krishnanagar MP prayed before the court for 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 directed Moitra to appear before the investigating officer on August 14 for questioning in the case.

The court directed that no coercive steps be taken against her till October 5, subject to compliance with the conditions alluded to until October or until further order, whichever is earlier.

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

Justice Bhattacharyya directed Moitra to cooperate with the probe and comply with police notices by appearing before the investigating officer. The court directed that the matter will be heard again on October 1.

On a prayer by her lawyer, Justice Bhattacharyya directed the police to ensure Moitra is not subjected to egg-pelting when she appears before the investigating agency.

Her lawyer contended before the court that the punishment prescribed for the alleged offences is well below seven years and therefore, she is entitled to protection from any coercive action.

The petitioner stated that she will cooperate with the investigation.

Moitra’s lawyer Ayan Bhattacharya stated that the Krishnanagar MP is at present in Delhi and will be engaged in the monsoon session of Parliament, which is scheduled to continue till August 13.

He submitted that she will be able to appear before the investigating officer in virtual mode, if required, till August 13, and will be present personally on or from August 14.

Representing the state, Advocate General Surojit Nath Mitra opposed the petition, stating that Moitra had not complied with notices to appear before the investigating officer on four previous occasions.