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Declines for Mahua Moitra After Fresh Egg Pelting Attack
The on Monday declined to grant an to MP Mahua Moitra, who approached the court for the second time in a month after allegedly being subjected to another egg-pelting attack in her constituency, Krishnanagar. The fresh petition, filed despite a prior directing , was mentioned before Justice Saugata Bhattacharya, who refused to accord it any special preference and directed that it be heard . The matter is now tentatively listed for .
The development marks the latest chapter in a series of politically charged incidents that have raised questions about the safety of elected representatives and the efficacy of court-ordered security measures. Moitra has consistently alleged that workers of the have targeted her with eggs, tomatoes, potatoes, and stones since the BJP came to power in West Bengal in May.
Court's Prior Order
On , Justice Bhattacharya had passed a detailed order directing the deployment of two police personnel to protect Moitra whenever she visited her Krishnanagar constituency, subject to her giving 48 hours’ to the authorities. At the time, the court had also orally warned the state to deal with politically motivated egg-pelting attacks "with an iron hand."
Highlighting the broader threat to political freedom, Justice Bhattacharya had asked:
"If tomorrow parliament is subjected to egg pelting and other sources of harassment when she enters her constituency, what will happen to other persons who show allegiance to rival political parties?"
The state's Additional Advocate General, , had assured the court that a standard operating protocol was already in place and that an FIR had been registered on following Moitra's complaints.
The Incident
Despite the , Moitra claims she faced another egg-pelting attack on while on her way to attend a TMC meeting in Tehatta, Nadia district. In a video posted on social media, she described how BJP workers had gathered outside the party office and began throwing eggs at her even as four police personnel were present. According to Moitra, the police instructed her to step inside her car rather than removing the protesters, resulting in eggs being thrown at her in the direct presence of law enforcement.
Moitra's counsel, , informed the court that the incident amounted to a clear violation of the order. He also submitted that the matter had been mentioned before a bench led by the Chief Justice on the same day, seeking an urgent listing. However, Justice Bhattacharya was not persuaded.
Courtroom Exchange
When the matter was mentioned, Justice Bhattacharya questioned what further relief could be granted given that an order had already been passed.
"What are you praying for? I have already passed an order,"
the judge remarked. Nag responded that a fresh had been filed following the latest attack. The judge, however, declined to expedite the hearing, stating:
"You have filed
, let it come as per presentation form. Sorry, Mr. Nag. Preference cannot be given."
The court's refusal to grant an underscores a growing tension between the need for immediate in recurring incidents and the procedural norms of listing. The case is now slated to be taken up on , unless the Chief Justice's bench decides otherwise.
The Supreme Court's Dismissive Remark
The episode also drew attention to an earlier observation by the , which had declined a related plea by Moitra seeking permission to appear virtually rather than physically before the police in a . The top court had orally remarked:
"You are a member of parliament? Having taken the plunge into politics, you fear eggs? When our freedom fighters have taken bullets on their chest? These are applications that should not come before this court at all."
Moitra later referenced that remark in her social media post, saying she had confronted the situation "in the same spirit." She added:
"BJP office bearers (NOT public) surrounded my meeting and pelted eggs as I left. Thank you, MiLord, for upholding our
."
The Supreme Court's comment, while seemingly dismissive, has been interpreted by some legal observers as trivializing the security concerns of elected representatives, especially in a politically volatile environment.
BJP's Denial and Allegations of Factionalism
The BJP legislator from Tehatta, Subrata Kobiraj, denied any involvement of party workers in the incident. Instead, he claimed the egg attack was a fallout of factionalism within the in Nadia district.
"This was the result of factional conflict within
. Here, one group is backing Moitra, while another is against her.
in Nadia is now divided into two groups, and an anti-Moitra group attacked her. BJP had nothing to do with it,"
Kobiraj stated.
Moitra, however, has maintained that the attackers were identifiable as BJP workers and that the police failed to act. Her fresh plea before the specifically alleges police inaction and seeks directions for the arrest of those responsible.
Broader Implications for Political Safety and Judicial Process
The repeated egg-pelting incidents involving an MP raise serious questions about the adequacy of and the political climate in West Bengal. The 's initial order on was seen as a strong statement that such conduct would not be tolerated. However, the subsequent incident and the court's reluctance to grant an suggest a procedural gap in enforcing its own orders.
Legal experts note that while the court cannot be expected to micromanage police deployment, the pattern of attacks on Moitra—and the alleged failure to implement the protection order—may warrant a more robust contempt-like mechanism. The matter also highlights the tension between the Supreme Court's dismissive attitude and the High Court's more protective stance. As one commentator observed, the Supreme Court's remark may have inadvertently emboldened perpetrators by normalizing such attacks as part of political life.
Conclusion
As the case awaits its regular hearing on , Mahua Moitra remains without the urgent she sought. The has made it clear that its earlier order stands, but whether that order will be enforced remains to be seen. The incident underscores the challenges faced by politicians in a hyper-competitive electoral landscape and the limits of judicial remedies when law enforcement is either unwilling or unable to act. For the legal community, the case serves as a reminder of the delicate balance between and the , including the and the freedom to carry out one's duties as an elected representative.
