The Supreme Court on Friday refused to interfere with a Calcutta High Court order requiring Trinamool Congress Member of Parliament Mahua Moitra to appear before police officers in West Bengal in connection with a hate speech investigation.
Following the top court’s reluctance to grant relief, senior advocate Gopal Sankarnarayanan, representing Moitra, withdrew the petition. A bench comprising Justice Dipankar Datta and Justice Sheel Nagu subsequently dismissed the matter as withdrawn.
Plea Withdrawn Following Judicial Remarks
During the proceedings, Sankarnarayanan argued that the Krishnanagar lawmaker had a statutory right to attend police questioning virtually. He informed the court that during previous visits to the local police station in her constituency, Moitra had faced threats and actual incidents of protesters throwing eggs at her.
Responding to the submission, the bench questioned why an elected politician would be deterred by such incidents, contrasting the situation with freedom fighters who faced bullets. The judges remarked that such petitions ought not to be brought before the apex court.
Background and High Court Directives
The legal action stems from a case registered against Moitra at Hogolberia police station in Nadia district. Moitra has denied the allegations, maintaining that the hate speech charges were fabricated, and had sought the quashing of the proceedings alongside interim protection.
On July 21, Justice Saugata Bhattacharyya of the Calcutta High Court granted her interim protection from coercive police action until October 5. However, the protection was made conditional on her full cooperation with investigators and compliance with police notices to appear before the investigating officer.
The High Court noted that the offences invoked under the Bharatiya Nyaya Sanhita carry maximum prison sentences of less than seven years, entitling the accused to protection from arrest provided she joins the investigation. The High Court is scheduled to hear the matter again on October 1.
