Calcutta HC stays arrest warrant against Mahua Moitra

The Calcutta High Court on Monday stayed an arrest warrant issued against TMC MP Mahua Moitra by a Krishnanagar court for failing to appear in an alleged hate speech case. A division…

The Calcutta High Court on Monday stayed an arrest warrant issued against TMC MP Mahua Moitra by a Krishnanagar court for failing to appear in an alleged hate speech case. A division bench of Justices Debangsu Basak and Aryak Dutt ordered the matter to be heard again on August 27, when the complainant will be heard before the Nadia district court.

Calcutta HC stays arrest warrant against Mahua Moitra

Moitra's lawyer Arko Kumar Nag argued that since the alleged speeches and complaints relate to her role as an MP, the case should be heard by the designated MP/MLA court in Salt Lake. He also submitted the allegations were baseless and that the complaint did not constitute a criminal offence.

The Krishnanagar court had issued pre-cognisance summons to Moitra after a case was filed accusing her of insulting women and making hate speeches. Noting her failure to appear despite repeated summons, the magistrate ordered on August 19 that an arrest warrant be issued, with a compliance report due on August 28.

Indian Opinion Analysis

The case turns on which court has jurisdiction over a sitting MP's alleged offences. The designated MP/MLA court in Salt Lake was set up under the Criminal Procedure Code to handle cases against lawmakers, but magistrates in regular district courts sometimes issue summons or warrants when an MP fails to appear. The High Court's stay effectively pauses that process until it decides the jurisdictional question on August 27. If the case is transferred to the MP/MLA court, the Krishnanagar warrant will likely be quashed, and the trial would restart in Salt Lake. Moitra faces no immediate arrest risk unless the High Court lifts the stay.


Source: timesnownews.com

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