Calcutta High Court grants interim relief to TMC MP Mahua Moitra in hate speech case

The Calcutta High Court on Tuesday granted interim protection to Trinamool Congress (TMC) MP Mahua Moitra against coercive police action in connection with a hate speech case.

Justice Saugata Bhattacharya passed the order on a plea filed by Moitra to quash criminal proceedings tied to the hate speech case. She sought protection from any coercive action, citing repeated and continuous police notices issued in connection with the case. 

The Court today directed that no coercive action should be taken against Moitra till October 5 or until further orders, subject to her cooperation with the investigation. 

The Court further directed that she should appear before the investigating officer on August 14.

“As it is submitted that the petitioner will remain engaged in ongoing monsoon session of Parliament till August 13, the petitioner shall appear before the investigating officer on August 14 at 3 PM. For ensuring such presence of the petitioner, no further notice shall be issued by the investigating agency. No coercive steps to be taken against the petitioner till October 5, 2026 or until further orders, whichever will be earlier, subject to compliance with conditions alluded above,” the Court ordered. 

The Court also directed the police to ensure that Moitra is not subjected to egg-pelting during her appearance before the investigating agency. This was after her counsel, Senior Advocate Ayan Bhattacharya, pointed out that the catalyst for Moitra’s remarks, which had led to the hate speech case’s registration, was egg pelting. 

“At the time of appearance before the investigating agency pursuant to the order of this court or in terms of notices to be issued, it is to be ensured by the police authorities that the petitioner shall not be subject to egg pelting,” the Court directed. 

The case against Moitra stemmed from a complaint lodged in June by a BJP leader over remarks made by Moitra in two videos posted on social media, after supporters of the BJP allegedly gathered outside a court in Krishnanagar carrying eggs and tomatoes to throw at her. 

In one video, Moitra said she would file police complaints against those involved. In another, she allegedly remarked that those wanting to throw eggs should "wear a burqa” if they want to stay hidden.

The complainant is reported to have alleged that these comments hurt Hindu religious sentiments and promoted communal disharmony, leading to the registration of the hate speech case.

Moitra’s counsel today maintained that no case for hate speech was made out. 

"No offence has been disclosed, with deepest respect milord. In the (social media) post, that has not been taken down, the word 'Hindu' is not there even, it is never uttered by the petitioner… Hindu or Muslim - neither term was used,” said Bhattacharya.

He added that the criminal provisions invoked against Moitra carried penalties of less than seven years imprisonment. Moitra is, therefore, entitled to protection from coercive action, he argued.

He urged the Court to permit Moitra to appear before the police through video conferencing, if her appearance was being insisted upon before August 14. He explained that Moitra will be in Delhi till August 13 to attend the monsoon session of the Parliament.

Advocate General Surojit Nath Mitra opposed the plea, arguing that Moitra had failed to comply with four police notices requiring her appearance before the investigating officer. He maintained that the reasons furnished by Moitra for her non-appearance were untenable and insisted that she physically cooperate with the investigation. 

“Let her cooperate. She cannot say she will not cooperate,” urged the AG.

The State, however, offered not to issue any further notice if the Court fixed a date for her appearance after the parliamentary session.

The Court proceeded to direct Moitra to appear before the investigating officer on August 14 at 3 PM.

It said that the police can continue its probe in accordance with law but that no coercive steps be taken against Moitra till October 5, or until further orders, subject to her compliance with the conditions imposed today.

It also granted liberty to the State to approach the Court if Moitra fails to cooperate with the investigation.

The matter has been listed for further consideration on October 1.

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