Delhi HC Asks Police to Respond to Mahua Moitra’s Plea to Quash FIR Over ‘Derogatory’ Remark on NCW Chief

Today(on 26th July),The Delhi High Court has directed the city police to respond to TMC MP Mahua Moitra’s plea to quash an FIR over a “derogatory” social media remark about NCW chief Rekha Sharma. Justice Neena Bansal Krishna has asked the police to file a status report within four weeks.

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Delhi HC Asks Police to Respond to Mahua Moitra's Plea to Quash FIR Over 'Derogatory' Remark on NCW Chief

NEW DELHI: Today(on 26th July), the Delhi High Court directed the city police to respond to a petition filed by TMC Lok Sabha MP Mahua Moitra, who seeks the quashing of an FIR registered against her. The FIR pertains to an alleged derogatory remark made by Moitra on social media about National Commission for Women (NCW) chief Rekha Sharma.

Justice Neena Bansal Krishna issued a notice to the Delhi Police concerning the petition. The court has asked the police to submit a status report within four weeks. The matter has been scheduled for a hearing on November 6, where the court will deliberate on the legality and validity of the FIR, as challenged in Moitra’s petition.

The FIR against Moitra was registered under Section 79 of the Bharatiya Nyaya Sanhita (BNS), which deals with any word, gesture, or act intended to insult the modesty of a woman. This is notably the first FIR registered under the BNS by the Delhi Police’s Special Cell since its enforcement on July 1.

The controversy began when Mahua Moitra commented on a video posted on X (formerly Twitter), showing NCW chief Rekha Sharma arriving at the scene of a stampede in Hathras, Uttar Pradesh, on July 4. In the video, a man holding an umbrella was seen walking behind Sharma. Moitra’s comment on this video was deemed “derogatory,” leading to the FIR.

Subsequently, Moitra deleted the post. Senior advocate Indira Jaising, representing Moitra, argued that they had not been provided with a copy of the FIR despite requesting it multiple times. During the court proceedings, the counsel for the police handed over the FIR copy to the petitioner’s counsel.

The FIR, lodged based on a complaint by the NCW, stated that the NCW took suo motu cognizance of Moitra’s alleged “derogatory remarks.”

The FIR also noted-

“Moitra’s crude remarks are highly offensive and a blatant violation of a woman’s right to live with dignity.”

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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