Mahua Moitra to Approach Calcutta HC Against Arrest Warrant in Alleged Hate Speech Case
TMC MP says warrant was issued before her exemption plea was decided; she cites Parliament duties and a lawyers’ boycott of the Krishnanagar court.
KOLKATA, Aug 20: Trinamool Congress Lok Sabha MP Mahua Moitra on Thursday said she would approach the Calcutta High Court against an arrest warrant issued by a Krishnanagar court in connection with an alleged hate speech case.
The warrant was issued by the Judicial Magistrate of the 3rd Court, Krishnanagar, on Wednesday after the court noted that Moitra had failed to appear despite repeated summonses. The magistrate directed that a report on the execution of the warrant be submitted on August 28.
Moitra contended that the order was passed without first deciding an exemption application filed by her under Section 228 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The provision allows an accused to seek exemption from personal appearance and appear through legal representation in appropriate circumstances.
Speaking to PTI, the TMC MP said she could not attend the first two scheduled hearings on August 4 and 12 as she was attending Parliament. She also pointed to a boycott of the Krishnanagar court by local lawyers during that period.
According to a resolution forwarded to the Nadia District Judge, the Forum of Bar Association of Krishnagar had called upon lawyers not to attend the court of the Judicial Magistrate, 3rd Court, Krishnanagar, from July 14 to August 17.
Moitra said the summonses for the August 4 and 12 hearings permitted her to appear either personally or through her advocate. However, she claimed her lawyer could not attend because of the ongoing bar boycott.
The third summons required her to appear before the court on August 18, shortly after the lawyers’ boycott was withdrawn. Moitra said she was in Delhi at the time, while her counsel appeared before the magistrate and submitted an exemption plea under Section 228 of the BNSS.
According to the MP, the court instead directed her to appear personally the following morning, August 19, giving her less than a day to travel from Delhi to Krishnanagar.
Moitra said her lawyer subsequently requested the court to decide the exemption application, arguing that she could then approach the High Court if the plea was rejected. She alleged that the magistrate proceeded to issue the arrest warrant instead.
The court, in its order, observed that repeated non-compliance with its directions reflected what it described as a lackadaisical approach by the accused. It stated that it had no option but to issue a warrant of arrest.
Moitra has disputed that assessment and said she would challenge the warrant before the Calcutta High Court.
The proceedings stem from a complaint filed by Chaina Nandi and five others, who described themselves as peace loving and law abiding citizens and housewives.
The complainants have accused Moitra of making allegedly objectionable statements concerning Union Home Minister Amit Shah, personnel of the Indian Armed Forces and certain religious beliefs and symbols associated with the Hindu community.
They have also alleged that the MP made derogatory comments about the ‘Tulsi Mala’, a religious symbol worn by many Hindu devotees. The complainants claimed that the alleged remarks hurt their religious sentiments and those of others who hold the symbol in high regard.
Moitra’s proposed High Court challenge is expected to contest the arrest warrant and the manner in which her exemption plea was dealt with by the lower court.
