Calcutta High Court Intervenes in Social Media Dispute Involving MP Mahua Moitra
In a significant development, the Calcutta High Court issued a directive on Monday, ordering that no coercive measures be taken against Rishi Bagree. Bagree faces allegations from Trinamool Congress MP Mahua Moitra, who accused him of circulating what she described as "derogatory" and "sexually suggestive" content on social media platforms. The court has also called for a response from the state government, setting the next hearing date for February 19.
Details of the Complaint and Police Action
The controversy stems from an email complaint sent by Mahua Moitra to the Kotwali Police Station at 3:25 AM on February 7. In her complaint, Moitra asserted that Bagree had shared images and posts on the social media platform X, which she characterized as "disrespectful," "derogatory," and "sexually suggestive" in nature. Following this, the police invoked sections under the Bharatiya Nyaya Sanhita (BNS) that address offenses related to the fraudulent or dishonest use of documents or electronic records, among other provisions.
Legal Proceedings and Arguments Presented
Rishi Bagree subsequently approached a single bench of Justice Jay Sengupta, seeking the quashing of the First Information Report (FIR) filed against him. During the proceedings, Bagree's legal counsel highlighted procedural irregularities. They argued that while Mahua Moitra submitted her complaint via email, she was obligated to physically appear before the police and sign the FIR within a 72-hour timeframe. According to the counsel, Moitra failed to fulfill this requirement even after three days had elapsed since sending the complaint.
Furthermore, Bagree's counsel raised concerns over the swift police response, noting that officers visited the accused's residence in Noida the day after the complaint was registered. Despite this, Bagree did not file for anticipatory bail. The counsel questioned the basis of the police action, asking, "Why did police take such quick action based on just a few screenshots and social media posts?" This query underscores the defense's stance on the perceived haste and potential overreach in the investigation.
Implications and Next Steps
The court's interim order to refrain from coercive steps provides temporary relief to Bagree as the legal process unfolds. The directive for the state government to submit a reply indicates that the judiciary is carefully examining the merits of the case, including the validity of the FIR and the adherence to procedural norms. The upcoming hearing on February 19 is expected to delve deeper into these aspects, potentially setting precedents for how similar social media-related complaints are handled in the future.
This case highlights the growing intersection of digital communication, legal frameworks, and political dynamics, with implications for freedom of expression and accountability online. As the matter progresses, stakeholders will be closely watching the court's decisions and their impact on cyber law enforcement in India.
