1 week ago
Mahua Moitra Challenges Arrest Warrant in Alleged Hate Speech Case
A court in Krishnanagar issued an arrest warrant for politician Mahua Moitra.
The case concerns statements that several people say hurt religious feelings.
The court said Moitra had not followed repeated orders to appear.
Moitra says she had good reasons for missing the earlier dates.
She was attending Parliament on two dates, and lawyers were boycotting the court at that time.
When her lawyer later asked the court to excuse her personal appearance, the judge instead ordered her to appear quickly.
Moitra says the judge issued the warrant without deciding that request.
She plans to ask the Calcutta High Court to cancel the warrant.
A Krishnanagar magistrate issued an arrest warrant for TMC MP Mahua Moitra after she did not personally appear despite repeated summonses.
Moitra says the warrant was issued without deciding her exemption application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita.
She argues that two earlier appearance dates conflicted with Parliament duties and a Krishnanagar Bar Association boycott of the court.
The case was brought by Chaina Nandi and five others, who allege Moitra made derogatory remarks about officials, the armed forces and Hindu religious beliefs.
Moitra said she will challenge the warrant before the Calcutta High Court.
- Who
- Trinamool Congress MP Mahua Moitra is the accused; Chaina Nandi and five others filed the application.
- What
- A Krishnanagar court issued an arrest warrant in an alleged hate speech case, which Moitra plans to challenge.
- Where
- The case is before the Judicial Magistrate of the 3rd Court in Krishnanagar, Nadia district, West Bengal, with a proposed challenge before the Calcutta High Court.
- When
- The warrant was issued on Wednesday; the court directed an execution report by August 28. The article also refers to appearance dates on August 4, 12, 18 and 19.
- Why
- The complainants allege that Moitra made statements offending religious sentiments, while the court cited her repeated failure to appear.
Moitra’s procedural challenge
Court and complainants’ position
Failure to appear
Moitra’s procedural challenge
Moitra says the first two dates were impractical because she was attending Parliament and the court was affected by a lawyers’ boycott; she says her lawyer later sought an exemption.
Court and complainants’ position
The magistrate said Moitra had failed to appear despite repeated summonses and described her approach to court orders as lackadaisical.
Exemption application
Moitra’s procedural challenge
Moitra says the court issued the warrant without deciding her application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, preventing her from seeking a High Court remedy first.
Court and complainants’ position
The court directed her to appear personally the morning after her lawyer sought the exemption, and then issued the warrant.
Alleged remarks
Moitra’s procedural challenge
Moitra disputes the immediate procedural handling of the case and plans to challenge the warrant; the article does not report a substantive response from her to each allegation.
Court and complainants’ position
The complainants allege that her comments about the Union Home Minister, Indian Armed Forces, religious beliefs and the Tulsi Mala were objectionable and hurt religious sentiments.
Key facts
- Accused
- Mahua Moitra, a Trinamool Congress Lok Sabha MP
- Issuing court
- Judicial Magistrate, 3rd Court, Krishnanagar
- Warrant date
- Wednesday, according to the article
- High Court challenge
- Moitra said she would move the Calcutta High Court
- Legal provision cited
- Section 228 of the Bharatiya Nagarik Suraksha Sanhita, concerning exemption from personal appearance
- Complainants
- Chaina Nandi and five others
- Next court direction
- An execution report on the warrant was directed to be submitted by August 28
Quotes
Mahua Moitra
TMC Lok Sabha MP and subject of the arrest warrant
“"I was attending Parliament on both days, and my lawyer couldn’t appear because the court in question was under a bar boycott."”
telegraphindia.com
“"I will now move the high court, challenging it."”
telegraphindia.com
Sources
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