The Calcutta High Court has quashed the arrest warrant issued against Krishnanagar MP Mahua Moitra in a case over her alleged controversial remarks and set aside other directions passed by a lower court in Krishnanagar. The case has now been transferred to the special MP-MLA court in Bidhannagar.
The case was filed by a resident of Krishnanagar following allegations that Moitra had made objectionable remarks concerning the Indian Army and Union Home Minister Amit Shah. Her comments relating to women wearing tulsi malas, burqas and hijabs had also triggered controversy.
The complainant had accused Moitra of offences including allegedly outraging the modesty of women, promoting enmity between groups, hurting religious sentiments and criminal intimidation. Proceedings were initiated under various provisions of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS).
The Krishnanagar court had issued multiple summonses to Moitra. After she did not appear before the court, an arrest warrant was subsequently issued against her.
Moitra challenged the lower court's orders before the Calcutta High Court. An interim stay on the arrest warrant had already been granted earlier.
On Monday, a division bench comprising Justice Debangsu Basak and Justice Arya Dutta heard the matter and set aside the orders passed by the Krishnanagar court.
Moitra's lawyer, Arka Nag, had questioned whether the Krishnanagar court had jurisdiction to hear the case, arguing that Moitra is a sitting MP and that the matter should therefore be heard by a designated MP-MLA court.
The High Court accepted the jurisdictional argument and ordered that the case be transferred from the Krishnanagar court to the Bidhannagar MP-MLA Special Court.
The ruling comes as a relief for Moitra, who had challenged the arrest warrant as well as the proceedings before the lower court.
The Trinamool Congress MP has also recently approached the Supreme Court over an incident at Nadia's Circuit House. She alleged that she was asked to vacate the premises suddenly at night while BJP supporters were protesting outside.
Moitra has sought an impartial probe, arguing that the matter involves issues concerning the federal structure. She has also written to Lok Sabha Speaker Om Birla over the incident.
With the High Court's latest order, the proceedings against Moitra will now continue before the designated MP-MLA court in Bidhannagar.
