The Calcutta High Court on Monday stayed an arrest warrant issued against Trinamool Congress MP Mahua Moitra by a court in Krishnanagar for failing to appear before it. A division bench comprising Justices Debangsu Basak and Aryak Dutt ordered that the warrant remain stayed until further orders and directed that the matter be taken up again on August 27. The case is pending before a Nadia district court, where Moitra has been accused of insulting women and making hate speeches.
The arrest warrant was issued after she failed to appear before the lower court. The High Court's interim order temporarily prevents authorities from acting on the warrant while the legal challenge to the proceedings is considered. During Monday's hearing, Moitra's lawyer Arko Kumar Nag challenged the jurisdiction of the court dealing with the complaint. He argued that the alleged speeches and the filing of complaints against the TMC leader took place while she was serving as a Member of Parliament.
On that basis, he submitted that the matter should be heard by the designated MP/MLA court in Salt Lake. Nag further argued that the allegations against Moitra were baseless and frivolous. He told the High Court that the contents of the complaint did not constitute a criminal offence, seeking relief for the Trinamool Congress MP against the proceedings initiated before the lower court.
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The division bench, however, did not finally decide the underlying allegations or the jurisdictional dispute on Monday. Instead, it stayed the arrest warrant and scheduled the matter for further hearing on August 27. The bench also indicated that it would hear the complainant in the case before considering the matter further. The dispute concerns allegations relating to remarks attributed to Moitra, including accusations that she insulted women and delivered hate speeches.
The proceedings have resulted in legal action before the Nadia district court and subsequently led to the arrest warrant after Moitra did not appear before the court. Her legal team has challenged both the substance of the allegations and the forum in which the case is being heard. The High Court's intervention means that the warrant will remain inoperative while the proceedings continue. The next hearing on August 27 is expected to provide an opportunity for the complainant to respond to the arguments advanced by Moitra's lawyer.
The court will then consider the competing submissions as it examines the legal issues surrounding the case. For now, the Calcutta High Court's order provides temporary relief to Moitra from the arrest warrant. The stay does not amount to a final determination of the allegations against her. The substantive issues, including the appropriate court to hear the complaint and whether the allegations disclose a criminal offence, remain to be considered as the proceedings continue.
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