Calcutta High Court Grants Interim Protection to TMC MP Mahua Moitra in Hate Speech Case, Directs Cooperation with Probe
The Calcutta High Court has granted interim protection from coercive action to Trinamool Congress (TMC) Member of Parliament Mahua Moitra in connection with a criminal case alleging hate speech and statements that purportedly hurt religious sentiments. While providing temporary relief against arrest or other coercive measures, the Court made it clear that the protection is conditional upon Moitra’s full cooperation with the ongoing police investigation.
The matter was heard by Justice Saugata Bhattacharyya, who observed that the offences alleged against the petitioner are punishable with imprisonment of less than seven years. Relying on the safeguards contained in Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Court held that Moitra was entitled to statutory protection from coercive action, provided she does not evade the investigation. Accordingly, the Court directed that no coercive steps be taken against her until October 5, 2026, or until further orders.
The criminal proceedings arise from complaints alleging that remarks made by Moitra in social media videos and public statements were inflammatory and offended religious sentiments, leading to the registration of multiple FIRs. In her petition before the High Court, Moitra challenged the criminal proceedings, contending that the allegations were based on fabricated charges and that repeated notices issued by the investigating agency amounted to harassment.
During the hearing, the State informed the Court that several notices had already been served upon the petitioner and argued that while it had no objection to interim protection, she could not refuse to cooperate with the investigation. The Court questioned the petitioner’s earlier non-compliance and remarked that statutory protection could not become a shield against participation in the investigative process. After considering the submissions, the Bench balanced the petitioner’s liberty with the interests of the investigation by directing her to appear before the investigating officer.
Taking note of the ongoing Monsoon Session of Parliament, the High Court directed that Moitra should appear before the investigating officer on August 14, 2026, at 3:00 PM, immediately after the parliamentary session concludes. The Court clarified that no fresh notice would be required for her appearance on that date and permitted the police to continue the investigation in accordance with law.
The Court also issued an important direction to ensure the petitioner’s safety during the investigation. Referring to allegations that she had previously faced hostility and egg-pelting during political events, the Bench instructed the police to ensure that when she appears before the investigating officer, she is not subjected to egg-pelting or any other form of harassment. The order underscores that while the investigation may proceed unhindered, it must be conducted in a manner that safeguards the dignity and security of the accused.
The matter has been listed for further hearing in early October. Until then, Mahua Moitra will remain protected from coercive action so long as she complies with the Court’s directions and cooperates with the investigation. The High Court has not expressed any opinion on the merits of the allegations, leaving the criminal investigation and the petition seeking quashing of the proceedings to be decided at a later stage.
