The Calcutta High Court has granted interim protection from coercive action to Trinamool Congress (TMC) MP Mahua Moitra in connection with a hate speech case registered over remarks made by her in social media videos.
Justice Saugata Bhattacharya directed that no coercive steps be taken against Moitra until October 5, 2026, or until further orders, subject to her cooperation with the ongoing investigation.
The Court directed the TMC MP to appear before the investigating officer on August 14 at 3 pm. It also clarified that no further notice would be required to secure her appearance on that date.
The order was passed on Moitra’s plea seeking quashing of the criminal proceedings and protection against coercive action. Her counsel had submitted that she had received repeated notices from the police and that the allegations did not disclose an offence of hate speech.
The case stems from remarks allegedly made by Moitra in two videos uploaded on social media. The videos were reportedly posted after BJP supporters allegedly gathered outside a court in Krishnanagar and threatened to throw eggs and tomatoes at her.
In one of the videos, Moitra said she would lodge police complaints against those involved. In another, she allegedly remarked that those intending to throw eggs at her should “wear a burqa” if they wished to remain concealed.
A BJP leader subsequently lodged a complaint alleging that the remarks hurt Hindu religious sentiments and promoted communal disharmony, leading to the registration of the criminal case.
During the hearing, Senior Advocate Ayan Bhattacharya, appearing for Moitra, argued that the ingredients of a hate speech offence were not made out. He contended that the social media post did not refer to either the Hindu or Muslim community and that the penal provisions invoked in the case carried a maximum sentence of less than seven years.
The State opposed the plea, arguing that Moitra had failed to comply with four notices requiring her to appear before the investigating officer. Advocate General Surojit Nath Mitra submitted that the reasons cited by her for not appearing were untenable and urged the Court to direct her to cooperate with the investigation.
The State subsequently agreed not to issue another notice if the Court fixed a date for Moitra’s appearance after the ongoing Monsoon Session of Parliament.
The High Court also directed the police to ensure that Moitra was not subjected to egg-pelting when she appeared before the investigating agency. The direction followed submissions by her counsel that egg-pelting had triggered the remarks that ultimately led to the registration of the case.
The Court permitted the police to continue with the investigation in accordance with law while restraining coercive action against Moitra until October 5 or until further orders, whichever is earlier. It also granted the State liberty to approach the Court in case she failed to cooperate with the investigation.
The matter has been listed for further consideration on October 1.
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