The Calcutta High Court on Tuesday (21 July) granted interim protection to Trinamool Congress (TMC) MP Mahua Moitra in connection with a criminal case arising out of alleged hate speech remarks. The Court restrained the police from taking any coercive action against her until October 5, 2026, or until further orders, while making it clear that she must cooperate with the investigation.
Justice Saugata Bhattacharyya passed the interim order while hearing Moitra's petition seeking quashing of the criminal proceedings and protection against repeated police notices issued in the case.
Background of the Case
The criminal case was registered after a complaint alleging that remarks made by Moitra in social media videos had hurt religious sentiments and promoted communal disharmony. The videos were posted after an incident in which supporters of a political party allegedly gathered outside a court in Krishnanagar carrying eggs and tomatoes.
Appearing for Moitra, Senior Advocate Ayan Bhattacharya argued that none of her statements referred to either the Hindu or Muslim community. He submitted that the offences invoked against her carried a maximum punishment of less than seven years and therefore attracted the statutory safeguards available under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Counsel also contended that repeated notices had been issued despite Moitra's inability to appear because she was attending the ongoing Monsoon Session of Parliament.
The State opposed the plea, arguing that Moitra had failed to respond to multiple notices issued by the investigating agency. Advocate General Surojit Nath Mitra submitted that while the investigation could continue, the petitioner was required to cooperate and could not avoid appearing before the police.
Court's Observations
During the hearing, the Court questioned the petitioner's lack of cooperation before noting that the alleged offences were punishable with imprisonment of less than seven years.
The bench observed that Moitra would remain engaged in Parliament until August 13 and directed that she appear before the investigating officer on August 14 at 3:00 PM without requiring any further notice.
In its order, the Court said,
"No coercive steps be taken against the petitioner till October 5, 2026, or until further orders, subject to compliance with the conditions."
The Court also directed the police to ensure that Moitra is not subjected to egg-pelting or any similar harassment when she appears before the investigating officer.
Decision
The High Court permitted the investigating agency to continue its probe in accordance with law while restraining it from taking coercive action against Moitra until October 5, 2026, or until further orders, subject to her cooperation with the investigation.
The State has been given liberty to approach the Court if Moitra fails to comply with the directions.
The matter is scheduled to be heard next on October 1, 2026.
Case Details
Case Title: Mahua Moitra vs State of West Bengal and Others
Case Number: WPA/15399/2026
Judge: Justice Saugata Bhattacharyya
Decision Date: 21 July 2026
