The Supreme Court of India has declined to grant relief to Trinamool Congress MP Mahua Moitra, who petitioned for permission to appear virtually before police in a case related to a controversial Facebook post. The Bench, composed of Justices Dipankar Datta and Sheel Nagu, dismissed Moitra’s concerns about potential public hostility, emphasizing the resilience expected of political figures.
Freedom Fighters and Political Resilience
Justice Datta highlighted the historical courage of India’s freedom fighters, questioning Moitra’s apprehensions about facing public protests. “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,” remarked Justice Datta.
Background of the Case
The legal proceedings against Moitra stem from a complaint filed by a BJP leader concerning remarks she made in videos posted on social media. The situation escalated when BJP supporters allegedly gathered outside a Krishnanagar court with eggs and tomatoes, intending to throw them at Moitra. In June, the Calcutta High Court provided interim protection to Moitra while directing her to cooperate with the investigation by appearing before the investigating officer on August 14.
Legal Arguments and Court’s Response
During the Supreme Court hearing, Senior Advocate Gopal Sankaranarayanan argued on behalf of Moitra, emphasizing her right to a virtual appearance due to safety concerns. He stated, “I have a legal right under law. The requirement as per the police 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, and the second time eggs were actually thrown.” However, the Court reiterated the High Court’s directive for her to cooperate with the investigation.
Justice Datta referred to the Calcutta High Court’s order, advising Moitra to adhere to the established legal process. “Read para 19 of the impugned order. You don’t appear. And then face the music before the High Court. If you are aggrieved, then come,” the Court observed.
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Following this, Sankaranarayanan sought to withdraw the plea, which was dismissed as withdrawn by the Court.
[Read Live Updates] Supreme Court hears plea by TMC MP Mahua Moitra to appear virtually before the IO in an FIR against a Facebook post wherein she allegedly made provocative statements. Bench: Justices Dipankar Datta and Sheel Nagu. Source
