Tackle egg-pelting menace with iron hand: Calcutta HC while ordering security cover for TMC MP Mahua Moitra

The Calcutta High Court on Tuesday ordered that two police personnel be deployed to protect Trinamool Congress (TMC) Member of Parliament (MP) Mahua Moitra from egg pelting or other similar attacks while she is in her constituency, Krishnanagar.

Justice Saugata Bhattacharya added that Moitra should email the Superintendent of Police (SP) of Krishnanagar 48 hours in advance when she is required to visit her constituency so that the SP can provide her such police protection. This arrangement is to continue for 30 days.

"Superintendent of Police, Krishnanagar Police District, is directed to provide protection to the petitioner (Moitra) by deputing two police personnel whenever petitioner will enter into her constituency in order to avoid egg pelting and other forms of harassment as alleged in this writ petition. However, such protection shall be provided to the petitioner for a period of 30 days from date. List the matter… on October 1, when SP is directed to file further report disclosing steps taken in terms of order passed today," the Court said.

The Court also directed the West Bengal government to deal with the menace of egg-pelting with an iron hand, lest it gets out of control.

"Deal with this menace (egg pelting) with iron hand, otherwise it will be beyond your control Mr Mazumdar. If this menace is stopped, then nothing is required," the Court said.

The Court passed the interim order on a petition moved by Moitra in which she raised concerns that BJP workers in West Bengal have been pelting eggs, tomatoes, potatoes, stones etc. at rival political leaders, including herself.

The TMC leader has repeatedly flagged facing such attacks after the Bharatiya Janata Party (BJP) came to power in the State in May.

Her counsel, Senior Advocate Kalyan Banerjee, today said that Moitra has been unable to visit her constituency, even to carry out her duties as an MP because of such attacks.

"Days in and days out, if it is going on. How a member of parliament will discharge her duties? An MP has to discharge her functions. Deliberately they are not allowing her to discharge her MP’s functions. Whether we will remain in this unruly state of affairs? … By WhatsApp, she informed the DG. DG did not do anything. After three hours, he is saying he is sending police," Banerjee said.

He urged the Court to grant Moitra protection. He pointed out that Moitra is also being obstructed from attending court hearings in connection with certain cases filed against her because of egg pelting incidents.

"In one of the matters, a criminal case was started against me. I went there, there was a strike, and immediately 50 persons of BJP people have come and pelted eggs. Then, on the next day, warrant has been issued against me. Whenever I am going to court, I have been obstructed. And warrant is issued ... I am in a very peculiar condition. I had to sell my house! And if it is happening to a lady MP, what is happening to others? Unbelievable position we have gone to now," he said.

The Court too expressed concerns about such attacks on political rivals.

"If tomorrow parliament is subjected to egg pelting and other sources of harassment when she enters her constituency, what will happen to other persons who show allegiance to rival political parties?" asked Justice Bhattacharya.

The State's Additional Advocate General (AAG) Rajdeep Mazumdar replied that there is already a standard operating protocol (SOP) put in place by the State to tackle incidents of egg pelting.

He added that Moitra's complaints against egg pelting incidents have resulted in the registration of a first information report (FIR) on July 3, and that the last egg pelting incident she faced was on July 2.

He urged the Court not to issue any directions for the grant of police cover for now, stating that he needs to find out if she already has sufficient protection and whether there has been any egg pelting incident after July 2.

He argued that Moitra, being an MP, is already well-protected.

"Then how do these incidents took place? Police authority had to register an FIR, which prima facie goes to go that there are certain incidents affecting the safety and security of the petitioner and petitioner was harassed," Justice Bhattacharya asked.

The Court eventually said that it would order police cover so that Moitra is sufficiently protected against egg pelting or other such attacks within her constituency for the next 30 days.

"Personal security officers may be there, but provide police personnel so that these obnoxious incidents may not recur for a limited period," the Court directed.

The Court added in its order,

"It is made clear that order passed today shall not in any way affect the investigation which is being carried out in connection with a hate speech case, (where Moitra is alleged to made objectionable remarks targeting some women BJP workers who allegedly pelted eggs at her) and the petitioner shall cooperate with the investigation agency as (already) directed by this court."