Calcutta HC grants Mahua Moitra interim protection from arrest
What's the story
Trinamool Congress (TMC) MP Mahua Moitra has been granted interim protection from arrest by the Calcutta High Court. The protection comes after a Krishnanagar court issued an arrest warrant against her for not appearing in court. A division bench of Justice Debangshu Basak and Justice Aryak Dutta passed the order, restraining any coercive action against Moitra till August 31.
Legal proceedings
Bench to hear petition challenging arrest warrant on August 27
The bench will hear Moitra's petition challenging the arrest warrant on August 27.
The TMC MP had approached the High Court after a Krishnanagar court issued an arrest warrant against her on August 19 for not appearing in court despite repeated summonses.
Her lawyer argued that the lower court should have decided on her application seeking exemption from personal appearance before issuing the warrant.
Exemption plea
Application for exemption filed under BNSS Section 228
The application for exemption was filed under Section 228 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which permits an accused to seek exemption from personal appearance in court.
The Krishnanagar court had taken up the case on August 18, when Moitra was present in the city, but proceedings could not take place due to a lawyers' strike.
The arrest warrant was issued on August 19.
Allegations
Case against Moitra over derogatory remarks
The case against Moitra stems from a complaint by Chaina Nandi and five others. They accused her of making derogatory remarks about the Union home minister, armed forces, and Hindu religious beliefs and symbols.
The complainants alleged that her comments hurt their religious sentiments.
Moitra had earlier cited her Parliament duties and a lawyers' boycott as reasons for not attending court on August 4 and 12.
Court proceedings
Court issues arrest warrant after Moitra's lawyer sought exemption
When the court directed her to appear on August 18, Moitra was still in Delhi. Her lawyer then sought an exemption from personal appearance.
However, the court directed her to appear personally the next morning, giving her less than 24 hours to travel from Delhi to Krishnanagar.
Despite this, the court issued an arrest warrant after her lawyer sought a decision on the exemption plea.