The Supreme Court on Friday declined to entertain Trinamool Congress MP Mahua Moitra’s plea seeking permission to join an investigation through video conferencing in connection with an FIR registered over an alleged provocative Facebook post, observing that the relief sought did not warrant the Court’s intervention.
A Bench of Justices Dipankar Datta and Sheel Nagu questioned the necessity of permitting virtual participation when the investigating agency had directed Moitra to appear in person. During the hearing, the Court remarked that individuals who choose to enter public life cannot ordinarily seek exemption from complying with investigative procedures merely on account of apprehensions of protests.
Senior Advocate Gopal Sankaranarayanan, appearing for Moitra, submitted that the FIR arose from a Facebook post and requested that his client be allowed to cooperate with the investigation through video conferencing. He argued that she had genuine security concerns, pointing out that she had previously faced demonstrations and incidents of egg-pelting while appearing before the police within her parliamentary constituency.
The Bench, however, was not persuaded. Justice Datta observed that elected representatives are expected to face public opposition and stated that such apprehensions could not justify avoiding physical appearance before the investigating officer. The Court also noted that an appropriate remedy remained available before the Calcutta High Court if any grievance survived.
After the Bench expressed its unwillingness to grant the relief sought, Moitra’s counsel sought permission to withdraw the petition. Accepting the request, the Supreme Court dismissed the matter as withdrawn.
The proceedings stem from an order of the Calcutta High Court, which had granted Moitra interim protection from arrest while directing her to cooperate with the investigation by appearing before the investigating officer on August 14, after the conclusion of Parliament’s Monsoon Session. The High Court had simultaneously directed the West Bengal Police to ensure adequate security during her appearance in view of her allegations of earlier protests and attacks.
Moitra had approached the apex court seeking modification of that direction by allowing her to participate in the investigation virtually instead of appearing in person. With the withdrawal of her petition, the High Court’s directions continue to operate, requiring her to cooperate with the investigation in accordance with the terms of the interim order.
Case: Mahua Moitra v. State of West Bengal & Ors.
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