Kolkata, Aug 24 — The Calcutta High Court on Monday stayed an arrest warrant issued against Trinamool Congress MP Mahua Moitra by a Krishnanagar court in Nadia district for failing to appear before it.
A division bench comprising Justices Debangsu Basak and Aryak Dutt directed that the matter be taken up again on August 27, when it will hear the complainant in the case before the Nadia district court, where Moitra has been accused of insulting women and making hate speeches.
The division bench ordered that no action can be taken against Mahua Moitra till August 31.
A West Bengal court on August 19 issued an arrest warrant against Krishnanagar Trinamool Congress MP Mahua Moitra in a case of controversial comments regarding the Indian Army.
It is alleged that Mahua did not appear in court despite being summoned several times in this case. That is why an arrest warrant was issued against her on the last day of her appearance.
Mahua is accused of making controversial and insulting comments not only against the Indian Army but also against Union Home Minister Amit Shah. In addition, some of her comments on women wearing Tulsi Mala, Burkha and Hijab created controversy. In view of this, a resident of Krishnanagar in Nadia district recently filed a petition in the court.
The plaintiff's lawyer Shirshendu Das said that summons had been issued in Mahua's name several times in the past. She was asked to appear in person in the Krishnanagar court. However, she did not come to the court even for a day.
In the wake of Mahua's comments, a case was filed against her under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS). Sections related to outrage on the modesty of women, inciting enmity between different groups, hurting religious sentiments, intimidation and hate speech have been added to the case.
On Monday, Mahua Moitra's lawyer told the high court that the lower court judge had issued an arrest warrant without listening to her statement. The case was heard in the lower court on August 18. Mahua Moitra appeared in court that day. But the case was not heard that day due to the strike by the Bar Association.
Mahua Moitra's lawyer further said in court that the case was again listed for hearing on August 19. On that day, an arrest warrant was issued against Mahua Moitra. He contested that the lower court does not have the jurisdiction to hear this application. This case should be in the MP-MLA court specifically for MLAs and MPs.
After hearing the arguments of all parties, the division bench of Justice Debangshu Basak and Justice Aryak Dutt said that the hearing of this case will be held on August 27. It also said that no action can be taken against Mahua Moitra until August 31.