Calcutta High Court Grants Protection to TMC MP Mahua Moitra

The CSR Journal Magazine

In an order issued today, Justice Saugata Bhattacharyya stated that the police can continue their investigation into the complaint filed on June 28 at Hogalberia Police Station (Karimpur). Mahua Moitra has been directed to appear at the police station on August 14 at 3:00 PM. However, the police do not need to issue any fresh notices to her for this appearance. No coercive action can be taken against her until October 5 or pending further developments in the case. Justice Bhattacharyya also instructed that if she fails to cooperate with the investigation, it must immediately be brought to the court’s attention.

Additionally, the judge directed the police administration to take adequate measures to ensure that eggs are not thrown at Mahua Moitra.

Key Arguments During the Hearing

Advocate Ayan Bhattacharya, representing Mahua Moitra, said, “The allegation states that she made provocative Hindu-Muslim remarks, but she made no such comments anywhere. Immediate protection should be granted, and she should be allowed to appear via video conferencing, as Parliament is currently in session.”

Advocate General (AG) Surajit Nath Mitra, representing the State, said, “It is evident from the complaint filed against Mahua Moitra that an allegation was made regarding the occupation of an under-construction house. She was served notices at least four times, but she failed to appear. It is not an under-construction house; she used to live there on rent. A protection plea has been submitted, which is fine, but she must cooperate with the investigation. She stated that she resides in Karimpur, and the complaint against her was lodged at Hogalberia Police Station.”

Justice Saugata Bhattacharyya, “It is clear to the court that Mahua Moitra is willing to cooperate with the investigation. The court also does not want any untoward incident to occur.”

Advocate Ayan Bhattacharya, said, “Mahua Moitra can seek protection under Section 35(3) of the BNSS. However, there is no issue if she is directed to cooperate with the investigation. Multiple notices have been served to her since July 3. She is currently in Delhi as the parliamentary session is ongoing, with daily sittings scheduled until August 13. Therefore, it is not possible to reply before August 14.”

Final Court Order

Justice Saugata Bhattacharyya directed that Mahua Moitra must appear at the police station on August 14 at 3:00 PM. The police do not need to issue a new notice for this appearance. No coercive measures can be taken against her until October 5 or until the next stage of the proceedings.

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