The Supreme Court has 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 the police on August 15 in a hate speech case. A Bench of Justices Dipankar Datta and Sheel Nagu stated that it was not inclined to interfere with the High Court order.
The Calcutta High Court had granted interim protection from coercive action to Ms. Moitra till October 5 in the hate speech case, which she claims is based on fabricated charges. The court had directed Ms. Moitra to appear before the investigating officer on August 14 for questioning in the case, with the condition 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.
Senior advocate Gopal Sankarnarayanan, appearing for the MP, submitted that she has a legal right under law to appear virtually before the police. He stated that the requirement as per the police’s notice is to be at the police station in her own constituency, where she had previously faced threats and had eggs thrown at her. However, 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the Bench was not inclined to entertain the matter, the senior lawyer withdrew the plea and the matter was dismissed as withdrawn.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 court had directed that the matter will be heard again on October 1.
Ms. Moitra had 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. Noting that the BNS provisions applied to 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 Saugata Bhattacharyya of the High Court had directed Ms. Moitra to cooperate with the probe and comply with police notices by appearing before the investigating officer.
