The Calcutta High Court granted interim protection from coercive action to Trinamool Congress MP Mahua Moitra on Tuesday in connection with a criminal case, whilst directing her to cooperate fully with the investigation and appear before the investigating officer on August 14. As noted by Justice Saugata Bhattacharyya, the offences that were charged carried punishments up to seven years in jail. Therefore, she qualifies for the benefit of being covered under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS). The court ordered that no coercive steps be taken against her until October 5, or until further orders, and scheduled the next hearing for October 1.
During proceedings, Senior Advocate Ayan Bhattacharya, representing Moitra, argued that none of the allegedly offending remarks used the terms "Hindu" or "Muslim", adding that all invoked charges fell below the seven-year imprisonment threshold. Counsel further submitted that the case was initiated as a "counterblast" after the police failed to register Moitra's own complaint regarding an incident where eggs were pelted at her. As observed, several notices had been issued without the resolution of the petitioner’s complaint; there was therefore a request for permission to participate in the investigation process through video conferencing.
The Attorney General, on behalf of the State, rejected any effort to sidestep in-person interrogations, observing that Moitra had not complied with the first notice since it had been delivered to an incorrect address, an observation which was disputed by the State. Though there was no objection from the Attorney General regarding offering protection from coercion, it was made clear that the MP should cooperate with the investigating officers and not sidestep notices.
As she was attending the Monsoon Session of Parliament, the court ordered that no new summonses be issued until after August 13, 2026. The judgement was delivered by Justice Bhattacharya, whereby Moitra has been instructed to report before the investigating officer at 3 PM on August 14, 2026. It was further clarified that no more summons will issue for this matter. The court permitted the investigating body to conduct its investigation, provided that it makes sure that Moitra is not targeted with egg pelting or harassment.
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