The Alipore court restrains Mahua Moitra from repeating the words “vote chor” about West Bengal’s Chief Secretary, but the order itself says fair criticism of the SIR is not barred.
Kolkata: In a defamation suit brought by West Bengal Chief Secretary Manoj Agarwal over her posts on X about the Special Intensive Revision (SIR) of electoral rolls, a court in Alipore has passed an interim order barring Trinamool Congress MP Mahua Moitra, her agents and anyone acting for her from newly publishing or sharing defamatory statements against him on any platform [Manoj Agarwal v. Mahua Moitra].
The report of the order was out on October 15, 2026, and it names neither the presiding judge nor a case number. The next hearing is on January 5, 2027. The order is interim, and the allegations in the suit are untested.
What the restraint covers
Two posts and a set of phrases fall within the restraint: calling Agarwal a “vote chor”, saying he “committed every illegality”, describing him as “singularly responsible” for disenfranchising voters, or suggesting he acted at the behest of a “maalik”. The posts alleged to be defamatory must be deleted within 24 hours. If they are not, Agarwal may send the interim order to X for takedown under Rule 3(1)(d) of the IT Intermediary Guidelines Rules, 2021, read with Section 79(3)(b) of the Information Technology Act, 2000.
A proviso protects speech on the SIR itself:
nothing in this order shall restrain fair criticism of the SIR or of any official decision.
Moitra may file a written objection, or an application to discharge, vary or set aside the order.
The posts behind the suit
Agarwal, earlier the state’s Chief Electoral Officer, sued over two posts Moitra put out on X on October 3 and October 6, 2026. In them she called him a “vote chor” (vote thief), over what she alleged was the illegal disenfranchisement of lakhs of voters during the SIR.
On October 9 he sent a legal notice seeking an unconditional apology and Rs 10 crore in damages, and then moved the court. The available report does not reflect Moitra’s response in court, and she has not been heard on the merits at this stage.
Speech on one side, reputation on the other
The order stops specific accusations against a named official while leaving room for criticism of the SIR process and of official decisions. Whether the statements amount to defamation or fall within protected criticism is for the court to decide after hearing both sides. The court has expressed no view on the merits.
Case Title: Manoj Agarwal v. Mahua Moitra [case number not reported]
Court: Alipore court, Kolkata (presiding judge not reported)
Date of Order: not reported; next hearing January 5, 2027
Appearances: counsel not reported