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orders police protection for TMC MP Mahua Moitra amid egg-pelting menace
The on Tuesday directed the to provide two police personnel to protect Member of Parliament Mahua Moitra from egg-pelting and similar attacks whenever she visits her constituency, Krishnanagar. Justice Saugata Bhattacharya, presiding over a single bench, issued the for a period of 30 days, while also admonishing the state government to deal with the "menace" of egg-pelting with an iron hand. The court expressed grave concern over the escalating political violence that prevents elected representatives from discharging their .
The order came on a
filed by Moitra, who alleged that
workers have been systematically pelting eggs, tomatoes, potatoes, and stones at her and other rival political leaders in West Bengal. The TMC MP has repeatedly flagged these incidents since the BJP came to power in the state in May. Her counsel,
, argued that the attacks have effectively prevented Moitra from performing her parliamentary functions.
"Days in and days out, if it is going on. How a member of parliament will discharge her duties? An MP has to discharge her functions. Deliberately they are not allowing her to discharge her MP’s functions,"
Banerjee submitted.
The court noted the seriousness of the situation, observing that if a sitting MP cannot safely enter her constituency, the
itself is under threat.
"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?"
Justice Bhattacharya asked.
Background: A Pattern of Political Harassment
Moitra's petition details a recurring pattern of harassment that began soon after the BJP-led government assumed office. She claimed that on multiple occasions, groups of BJP workers have assembled at locations she was scheduled to visit, pelting her with eggs and other objects. The attacks have not only disrupted her public engagements but also impeded her ability to attend court hearings in cases filed against her. Banerjee highlighted a particularly distressing incident:
"In one of the matters, a criminal case was started against me. I went there, there was a strike, and immediately 50 persons of BJP people have come and pelted eggs. Then, on the next day, warrant has been issued against me. Whenever I am going to court, I have been obstructed. And warrant is issued ... I am in a very peculiar condition. I had to sell my house! And if it is happening to a lady MP, what is happening to others? Unbelievable position we have gone to now."
The court expressed its dismay at the state's apparent inability to prevent such incidents. The state's Additional Advocate General, , attempted to argue that a was already in place to tackle egg-pelting, and that an FIR had been registered on following Moitra's complaint. He also noted that the last reported egg-pelting incident occurred on , suggesting that the situation may have stabilized. Mazumdar urged the court not to issue directions for police cover, stating that he needed to ascertain whether Moitra already had sufficient protection.
However, Justice Bhattacharya was not convinced.
"Then how do these incidents took place? Police authority had to register an FIR, which
goes to go that there are certain incidents affecting the safety and security of the petitioner and petitioner was harassed,"
the judge countered.
The Court's Order and Observations
After hearing both sides, the court directed the Superintendent of Police, , to deploy two police personnel whenever Moitra enters her constituency, provided she gives 48 hours' notice via email. The protection is to remain in force for 30 days, with a further hearing scheduled for , on which date the SP must file a report on the steps taken.
Crucially, the court also issued a broader directive to the state government:
"Deal with this menace (egg pelting) with iron hand, otherwise it will be beyond your control, Mr. Mazumdar. If this menace is stopped, then nothing is required."
This remark underscores the court's view that the state has a proactive duty to curb political violence, not merely react to individual complaints.
The court clarified that its order would not affect the ongoing investigation into a hate speech case against Moitra, in which she is alleged to have made objectionable remarks targeting women BJP workers who pelted eggs at her. Moitra has been directed to cooperate with the investigation.
Legal Analysis: The Right to Discharge
The judgment raises important questions about the intersection of and the duty of the state to maintain public order. Under , every person has a right to life and personal liberty, which includes the right to safety and security. For an elected representative, this right is amplified by the constitutional obligation to serve constituents. The 's order implicitly recognizes that persistent harassment—even by non-lethal means like egg-pelting—can effectively disable an MP from performing her duties, thereby undermining the democratic process.
The court's reference to an "iron hand" is significant. It signals that judicial tolerance for political thuggery is wearing thin, and that the state cannot hide behind standard operating procedures when the menace continues. The 30-day protective measure is a temporary but strong message: if the state fails to rein in such behavior, the court will step in to ensure the safety of elected officials.
Impact on Legal Practice and the Justice System
This order has immediate implications for the legal community. First, it sets a precedent for obtaining police protection through writ petitions when law enforcement fails to act. Senior advocates and criminal law practitioners may now advise clients facing similar political harassment to approach the high court directly, citing this case. Second, the court's emphasis on the state's proactive duty may encourage more stringent enforcement of laws against and (). Third, the 30-day review mechanism ensures , which could become a model for other high courts dealing with election-related violence.
For prosecutors and public prosecutors, the case highlights the need for timely registration of FIRs and credible investigation. The state's attempt to downplay the incidents was rebuffed, reminding authorities that they must demonstrate tangible steps to prevent recurrence.
Conclusion
The 's in Mahua Moitra's case is a robust assertion of the judiciary's role in safeguarding democratic functioning. By ordering police protection and demanding a zero-tolerance approach to egg-pelting, the court has drawn a line in the sand against political violence. As the matter returns for review on , all eyes will be on the to show that the menace can indeed be controlled with an iron hand. For legal professionals, this case serves as a potent reminder that the right to safety is not a privilege but a fundamental prerequisite for the exercise of .
