Calcutta High Court transfers hate speech case against Mahua Moitra to MP/MLA Court

The Calcutta High Court on September 7 transferred the hate speech case against Trinamool Congress Member of Parliament Mahua Moitra from a Magistrate court to a special MP/MLA court [Mahua Moitra vs. The State of West Bengal & Ors.].

A Division Bench comprising Justice Debangsu Basak and Justice Aryak Dutt said that a regular magistrate court lacks the jurisdiction to entertain cases against lawmakers.

"In the facts and circumstances of the present case, there is a complaint case as against the petitioner before us who is a Member of Parliament. Complaint registered as against the Member of Parliament was sought to be taken cognizance of by the learned 3rd Judicial Magistrate, Krishnagar, Nadia. Such Court is not the designated Court for the purpose of trying an offence against a Member of Parliament and Member of State Legislature," the Court held.

Hence, it directed that the proceedings be transferred from the court of the Magistrate court at Krishnanagar in Nadia to the designated special court for MP/MLA cases situated at Bidhannagar in North 24 Parganas.

The special MP/MLA court at Bidhannagar must take up the matter afresh at the pre-cognizance stage, the Court added.

The complaint case against Moitra accused her of making objectionable remarks, including those insulting women.

The Krishnanagar Magistrate court had issued an arrest warrant against Moitra on August 19 after she failed to appear before it.

Moitra then approached the High Court invoking challenging the cognizance taken by the Magistrate.

The High Court on August 19 stayed the arrest warrant.

In its final order passed on September 7, the High Court focused on the jurisdictional competence of the Magistrate to hear the case.

The Bench observed that as per Supreme Court directions in the case of Ashwini Kumar Upadhyay v. Union of India, proceedings against Members of Parliament or State legislatures must be dealt with expeditiously by designated special courts.

Hence, it directed the District Judge at Nadia to immediately transmit all case records to the District Judge at North 24 Parganas, who will subsequently forward them to the special MP/MLA court at Bidhannagar.

"On receipt of such records, learned Judicial Magistrate, Special Court is requested to proceed in accordance with law as against the petitioner and the other accused treating the proceedings as one of a pre-cognizance stage," the High Court said.

The Court also set aside the cognizance order and all other consequential orders passed by the Magistrate court.

Advocates Debasish Roy, Arka Kumar Nag, Soham De Dhara, and Akash Ghosh represented Mahua Moitra.

Public Prosecutor Kallol Mondal along with advocate Anamitra Banerjee appeared for the State of West Bengal.

Advocates Krishnendu Bhattacharya, Tanusree Kar and Sneha Ghosh appeared for the de facto complainant.

[Read Order]