The Calcutta High Court granted interim relief to TMC MP Mahua Moitra in a hate speech case, directing that no coercive action be taken against her till October 5 or further orders, subject to her full cooperation with the investigation.
The Calcutta High Court granted interim protection to Trinamool Congress Member of Parliament Mahua Moitra in a criminal case arising from her allegedly objectionable remarks, restraining the police from taking any coercive step against her until October 5, 2026, or until further orders while directing that she cooperate with the ongoing investigation.
Justice Saugata Bhattacharyya passed the interim order on Moitra’s petition, which seeks the quashing of the criminal proceedings and relief against the repeated notices issued to her by the investigating agency.
Appearing for Moitra, Senior Advocate Ayan Bhattacharya submitted that none of the remarks attributed to his client made any reference to the Hindu or Muslim community. He contended that the offences invoked against her carried a maximum sentence of less than seven years, thereby attracting the statutory safeguards available to an accused under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
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Counsel further pointed out that the notices had been served repeatedly even though Moitra was unable to appear on account of her attendance at the ongoing Monsoon Session of Parliament.
Opposing the plea, the State submitted that Moitra had not responded to the successive notices issued by the investigating officer. Advocate General Surojit Nath Mitra told the Court that although there was no objection to the investigation proceeding, the petitioner was obliged to cooperate and could not continue to stay away from the process.
While hearing the matter, the Court remarked on the petitioner’s failure to cooperate thus far, even as it noted that the offences alleged against her were punishable with imprisonment of less than seven years.
Taking into account that Moitra would be occupied with parliamentary duties until August 13, the Bench directed her to present herself before the investigating officer on August 14 at 3 pm, without the need for any fresh notice.
Recording the interim protection, the Court directed,
“No coercive steps be taken against the petitioner till October 5, 2026, or until further orders, subject to compliance with the conditions.”
In a notable direction, the Court also instructed the police to ensure that Moitra is not subjected to egg-pelting or any comparable harassment at the time she appears before the investigating officer.
Permitting the investigating agency to carry its probe forward in accordance with law, the Court restrained it from resorting to coercive action against Moitra until October 5, 2026, or until further orders, subject to her cooperation. The State has been granted liberty to move the Court should she fail to abide by the directions.
The matter has been listed for further hearing on October 1, 2026.
The prosecution stems from a complaint alleging that remarks made by Moitra in videos circulated on social media had wounded religious sentiments and tended to foment communal disharmony. According to the complaint, the videos were posted in the aftermath of an incident in which supporters of a political party had allegedly assembled outside a court in Krishnanagar carrying eggs and tomatoes.
It is in this backdrop that the criminal case came to be registered, followed by a series of notices to the parliamentarian requiring her to join the investigation the very notices that led her to move the High Court for protection and for quashing of the proceedings.
Case Title: Mahua Moitra vs State of West Bengal and Others
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