The Supreme Court of India has delivered a significant observation while hearing a petition filed by Trinamool Congress (TMC) Member of Parliament Mahua Moitra. The bench, comprising Justice Dipankar Datta and Justice Sheel Nagu, refused to grant relief to the MP in a case related to an FIR filed against her over social media posts. During the proceedings on Friday, the court made sharp remarks regarding Moitra's expressed fear of physical attacks, specifically the throwing of eggs by protesters.
The Supreme Court's Sharp Remarks
The bench questioned the TMC leader's apprehensions about facing the public or protesters while being an active participant in the political arena. Justice Dipankar Datta and Justice Sheel Nagu remarked that as a Member of Parliament, such fears are unexpected. The court drew a historical parallel, stating that while India's freedom fighters faced bullets on their chests for the nation, a modern-day politician is expressing fear over eggs being thrown at her. The court explicitly stated that such petitions shouldn't even come before the Supreme Court, emphasizing that those in public life must be prepared for such situations. The bench dismissed Moitra's apprehension that she might be targeted with eggs if she visited the police station for the investigation.
Background of the Case
The entire matter traces back to June, when a case was registered against Mahua Moitra following a complaint by a BJP leader, while the complaint was based on comments made by Moitra in two videos posted on social media. The situation escalated when BJP supporters allegedly gathered outside a court in Krishnanagar, intending to throw eggs and tomatoes at her. Last month, the High Court had provided interim protection to Moitra regarding her plea to quash the FIR. However, the High Court had also issued a specific directive, ordering her to appear before the Investigating Officer (IO) on August 14 to cooperate with the ongoing probe.
Arguments Presented by the Counsel
During the Supreme Court hearing, Senior Advocate Gopal Sankaranarayanan, representing Mahua Moitra, argued that the case against her was rooted in a Facebook post. He requested the court to allow her to appear before the Investigating Officer via video-conferencing (VC) instead of physical presence. The court, however, questioned the necessity of this request, asking why she required a virtual appearance simply because she's an MP. Sankaranarayanan explained that there is a genuine fear of a mob attack if she appears physically. He stated that it's a legal right to seek safety, noting that according to the police notice, she's required to appear at a police station within her constituency. He pointed out that during her previous visit, threats were made about throwing eggs, and on another occasion, eggs were actually thrown at her.
Court's Final Decision
The Supreme Court remained unconvinced by the arguments regarding physical safety, while the bench noted that the Calcutta High Court had already directed her to cooperate with the investigation agency. The judges referred to Paragraph 19 of the disputed order, stating that if she fails to appear, she must be prepared to face the consequences before the High Court. The bench told the counsel that if there is a grievance, they should approach the appropriate forum, while following these observations, Senior Advocate Sankaranarayanan requested to withdraw the petition. Consequently, the Supreme Court dismissed the petition as withdrawn, leaving the TMC MP with no immediate relief from the apex court regarding her physical appearance before the police.