Calcutta HC Quashes Arrest Warrant Against Mahua Moitra, Orders Case Transfer to MP/MLA Court
High Court directs Bidhannagar special court to treat hate speech complaint against TMC MP as being at the pre-cognisance stage.
KOLKATA, Sep 7: The Calcutta High Court on Monday quashed an arrest warrant issued against Trinamool Congress MP Mahua Moitra by a Krishnanagar court and directed that a complaint against her over alleged hate speech be transferred to the special MP/MLA court in Bidhannagar.
Moitra had approached the high court challenging the legality of the warrant issued by the third judicial magistrate at Krishnanagar. The warrant had been issued after she allegedly failed to comply with directions requiring her to appear before the court.
On August 24, the high court had stayed the execution of the arrest warrant pending consideration of Moitra’s plea.
A division bench comprising Justices Debangsu Basak and Aryak Dutt, while setting aside the orders and proceedings conducted by the Krishnanagar judicial magistrate, directed the special MP/MLA court to treat the complaint as being at the pre-cognisance stage.
The bench noted that the Supreme Court has issued several directions stressing that criminal proceedings involving Members of Parliament and state legislators should be handled by designated courts and disposed of expeditiously.
The complaint was filed in Nadia district and alleged that Moitra had made a hate speech and made derogatory remarks concerning women.
Appearing for Moitra, advocate Arko Kumar Nag submitted that the alleged speeches as well as the filing of the complaint took place during her tenure as an MP. Therefore, he argued, the matter should be heard by the designated MP/MLA court in Bidhannagar rather than the regular magistrate’s court.
The lawyer further contended that the allegations against the Krishnanagar MP were baseless and frivolous, maintaining that the contents of the complaint did not disclose any criminal offence.
With the high court setting aside the earlier proceedings, the complaint will now be dealt with by the designated special court in accordance with the directions issued by the division bench.
