The Supreme Court on Wednesday took up Trinamool Congress MP Mahua Moitra’s plea concerning her alleged late-night eviction from the Nadia Circuit House in West Bengal, with Solicitor General Tushar Mehta questioning whether an individual grievance concerning a Member of Parliament could be directly agitated before the Court under Article 32 of the Constitution.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana agreed to hear the matter on Thursday after senior advocate Gopal Sankaranarayanan, appearing for Moitra, sought a passover as he was engaged before another court.
During the brief hearing, the Solicitor General raised a preliminary objection to the manner in which the matter had been brought before the Supreme Court. He questioned whether individual issues concerning Members of Parliament could be directly invoked under Article 32, observing that such a course could potentially result in MPs approaching the apex court with grievances concerning their individual entitlements.
The submission came in the backdrop of Moitra’s allegation that officials of the Nadia district administration directed her to vacate the Circuit House at around 11 pm on August 14, shortly after she had been allotted accommodation there.
Moitra has alleged that the eviction was carried out by the District Magistrate and Additional District Magistrate despite an earlier protective order of the Calcutta High Court. Her counsel has characterised the episode as raising questions concerning federalism and has sought comprehensive directions as well as an independent inquiry into the circumstances surrounding her removal from the premises.
According to Moitra’s account, she had arrived at the Nadia Circuit House in Krishnanagar in the evening and was allotted the room in which she ordinarily stayed during visits to her constituency. She has alleged that she was subsequently asked to vacate the premises late at night.
The dispute subsequently escalated beyond the accommodation issue. Moitra approached Lok Sabha Speaker Om Birla, alleging that the conduct of the district authorities amounted to a breach of parliamentary privilege and impeded her ability to discharge her responsibilities as an elected representative. She sought intervention and protection in relation to the incident.
When the matter was earlier mentioned before the Supreme Court, Moitra’s counsel had submitted that the alleged eviction, notwithstanding the High Court’s protective order, warranted urgent judicial consideration. The counsel had also invoked broader constitutional concerns, including federalism, and sought an independent investigation.
The Supreme Court has now fixed the matter for hearing on Thursday, when the Bench is expected to consider the submissions concerning the maintainability and constitutional dimensions of Moitra’s plea.
Case Title: Mahua Moitra v. State of West Bengal & Ors.
Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
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