Hate speech: Calcutta HC stays arrest warrant against Mahua Moitra

The Calcutta High Court on Monday stayed an arrest warrant issued against Trinamool Congress MP Mahua Moitra for failing to appear before a Krishnanagar court in a case concerning purportedly provocative remarks she made in June, Live Law reported.

A division bench of Justices Debangsu Basak and Aryak Dutt directed that no coercive action be taken against Moitra and posted the matter for hearing on August 27.

The complaint against Moitra was filed in June by a Bharatiya Janata Party leader over remarks she made on social media.

The purportedly provocative remarks came in two posts after women BJP supporters allegedly gathered outside the Krishnanagar court carrying eggs and tomatoes, which they intended to throw at Moitra when she arrived there in connection with an old case.

In one of the posts, Moitra said she would file a police complaint against the women. In a video, she said that those who wanted to throw eggs at her “should wear a burqa” if they wished to remain hidden.

The complainant alleged that Moitra’s remarks were capable of hurting religious sentiments and disturbing communal harmony.

On August 19, the third judicial magistrate at Krishnanagar ordered the issuance of an arrest warrant against Moitra after she failed to appear before the court despite repeated summonses.

The judge said Moitra’s “series of disobedience” to the repeated summonses reflected a “lackadaisical approach” towards complying with the court’s order.

The court also directed the authorities to submit a report on the execution of the warrant by August 28.

Moitra subsequently approached the Calcutta High Court, challenging the warrant.

Her lawyer argued that since the alleged remarks and the complaints against her related to actions taken while she was serving as an MP, the case should be heard by the designated MP/MLA court in Salt Lake, PTI reported.

He further argued that the allegations were baseless and that the complaint did not disclose any criminal offence.

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