The Supreme Court on Friday (7 August) declined to entertain a plea filed by Trinamool Congress MP Mahua Moitra seeking permission to appear before the Investigating Officer through video conferencing in a criminal case linked to an alleged provocative Facebook post. The Court questioned the basis of her request and observed that public representatives cannot avoid investigation merely because of apprehensions of protests.
Background of the Case
An FIR was registered against Mahua Moitra following a complaint alleging that remarks made in videos shared on Facebook were provocative. Earlier, the Calcutta High Court granted her interim protection from arrest while directing her to cooperate with the investigation and appear before the Investigating Officer on August 14, 2026. The High Court had also directed the West Bengal Police to ensure her safety during her appearance.
Challenging the direction requiring her physical presence, Moitra approached the Supreme Court seeking permission to participate in the investigation virtually.
Court Observation
The matter was heard by a Bench of Justice Dipankar Datta and Justice Sheel Nagu.
Senior Advocate Gopal Sankaranarayanan, appearing for Moitra, submitted that she feared protests and referred to earlier incidents in which eggs were allegedly thrown at her while visiting the police station.
The Bench, however, was not persuaded.
Justice Datta remarked,
"You are a Member of Parliament. Having taken the plunge into politics, you fear eggs? When our freedom fighters have taken bullets on their chest? These are applications that should not come before this Court at all."
When counsel argued that the investigation could be conducted through video conferencing, the Bench also questioned,
"Why virtually? Because you are an MP?"
The Court noted that the High Court had already directed the petitioner to cooperate with the investigation and observed that if she chose not to appear, she would have to face the consequences before the High Court.
Decision
Following the Court's observations, Senior Advocate Gopal Sankaranarayanan sought permission to withdraw the petition.
The Supreme Court accordingly dismissed the plea as withdrawn, leaving the Calcutta High Court's directions requiring Mahua Moitra's appearance before the Investigating Officer unchanged.
Case Details
Case Title: Mahua Moitra v. The State of West Bengal and Others
Case Number: SLP (Crl.) No. 14405 of 2026 (Diary No. 47058 of 2026)
Judge: Justice Dipankar Datta and Justice Sheel Nagu
Decision Date: August 7, 2026
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