3 weeks ago
Supreme Court refuses Mahua Moitra plea for virtual police appearance
A politician in India named Mahua Moitra is a member of Parliament.
The police asked her to come to a police station in her own area to answer questions about a case where she is accused of saying hurtful words about people's religion.
Moitra did not want to go there in person, so she asked India's top court to let her answer questions over video instead.
She told the court that when she visited the police station before, there were threats that eggs would be thrown, and eggs were actually thrown at her.
The top judges said they would not help her with this request.
They told her that if she chose to go into politics, she should not be scared of eggs, because freedom fighters were not scared of bullets.
Because the court would not help her, her lawyer took back the request.
A lower court has said that nobody can arrest her until October 5, but she must still go and cooperate with the police.
The next court hearing in the case will be on October 1.
The Supreme Court refused to entertain Mahua Moitra's plea against a Calcutta High Court order directing her to appear before police in a hate speech case, prompting her to withdraw the petition.
A bench of Justices Dipankar Datta and Sheel Nagu orally remarked that as a Member of Parliament who entered politics, Moitra should not fear eggs since freedom fighters took bullets on their chests.
Senior advocate Gopal Sankarnarayanan argued Moitra had a legal right to appear virtually, citing threats of eggs being thrown and an instance where eggs were actually thrown during previous visits.
The Calcutta High Court granted Moitra interim protection from coercive action until October 5 and directed her to appear before the investigating officer on August 14 (some reports say August 15).
The case is registered at Hogolberia police station in Nadia district, was based on alleged communal remarks Moitra says are fabricated, and is next listed before the high court on October 1.
The bench observed the special leave petition was dismissed as withdrawn after the senior counsel sought permission to withdraw it.
- Who
- Trinamool Congress MP Mahua Moitra, represented by senior advocate Gopal Sankarnarayanan; Supreme Court bench of Justices Dipankar Datta and Sheel Nagu; Calcutta High Court Justice Saugata Bhattacharyya.
- What
- The Supreme Court declined to entertain Moitra's plea against a Calcutta High Court order requiring her to appear in person before police in a hate speech case; her special leave petition was dismissed as withdrawn.
- Where
- The Supreme Court of India in New Delhi; the underlying case is registered at Hogolberia police station in Nadia district.
- When
- On Friday, when the Supreme Court heard the matter; the Calcutta High Court order was issued on July 21, and the matter is next listed on October 1.
- Why
- Moitra sought permission to appear virtually citing safety concerns after threats of eggs and a past egg attack, but the Supreme Court found no grounds to interfere with the high court's direction that she cooperate with the investigation.
Moitra's Position
Court and Investigation's Position
Mode of Police Appearance
Moitra's Position
Moitra argued she has a legal right to appear before police virtually instead of in person, citing safety concerns after threats of eggs being thrown and eggs actually being thrown during previous visits to the police station in her constituency.
Court and Investigation's Position
The court said she must appear in person to cooperate with the investigation and found her cited grounds inadequate, orally observing that having taken the plunge into politics she should not fear eggs when freedom fighters took bullets on their chests.
Basis of the Hate Speech Case
Moitra's Position
Moitra contends the case registered at Hogolberia police station is based on fabricated charges, says no police case was registered on her complaint about the egg attack, and had sought quashing of the proceedings.
Court and Investigation's Position
The investigation is proceeding under Bharatiya Nyaya Sanhita (BNS) provisions in connection with alleged communal remarks, and the Calcutta High Court directed Moitra to cooperate with the probe and comply with police notices by appearing before the investigating officer.
Key facts
- Petitioner
- Mahua Moitra, Trinamool Congress MP from Krishnanagar
- Courts
- Supreme Court of India (Justices Dipankar Datta and Sheel Nagu); Calcutta High Court (Justice Saugata Bhattacharyya)
- Case Location
- Hogolberia police station, Nadia district
- High Court Order Date
- July 21, granting interim protection from coercive action until October 5
- Appearance Date
- Before investigating officer on August 14 (one report says August 15)
- Legal Basis
- Bharatiya Nyaya Sanhita (BNS) provisions carrying a maximum punishment of less than seven years
- Outcome
- Special leave petition dismissed as withdrawn
- Next Hearing
- October 1 (Calcutta High Court)
Quotes
Justices Dipankar Datta and Sheel Nagu
Supreme Court judges of the bench that refused to hear the plea
“"The requirement as per the police's notice is to be at the police station in my own constituency. Last time I went there two things happened. First there were threats that eggs will be thrown etc. and second time eggs were actually thrown," he said.”
telegraphindia.com
deccanchronicle.com
“You are a Member of Parliament. Having taken the plunge into politics, you fear eggs? When our freedom fighters have taken bullets on their chest? These are applications that should not come before this court at all.”
telegraphindia.com
telegraphindia.com
deccanchronicle.com
Sources
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