Delhi High Court Issues Notice On Mahua Moitra's Plea Challenging FIR Over Tweet On NCW Chief Rekha Sharma

The Delhi High Court on Friday issued notice on a plea moved by Trinamool Congress MP Mahua Moitra challenging an FIR registered by the Delhi Police recently over her social media post allegedly criticising the National Commission of Women (NCW) Chief Rekha Sharma.

Justice Neena Bansal Krishna sought response of the Delhi Police and listed the matter for hearing on November 06.

Moitra has challenged the FIR registered against her earlier this month over her post on X Corp, formerly Twitter. The FIR has been registered under Section 79 (word, gesture, act intended to insult modesty of a woman) of Bharatiya Nyay Sanhita, 2023.

Senior Advocate Indira Jaising appearing for Moitra submitted that the copy of the FIR was not provided to the TMC leader despite an application that effect being made to the Delhi Police.

She apprised the court that the first prayer in the petition is for seeking copy of the FIR as well as quashing of the same.

The counsel appearing for the Delhi Police then provided a copy of the FIR to Jaising in court and said that since the prayer has been satisfied, the plea has become infructuous.

However, since Jaising said that the plea also sought quashing of the FIR, the court proceeded to issue notice and listed the matter for arguments on legality and validity of the FIR.

Apart from challenging the FIR, Moitra's plea also challenges the letters written by Sharma and NCW joint secretary A. Asholi Chalai to Lok Sabha Speaker and Delhi Police's Commissioner respectively seeking action against her.

The counsel appearing for the Delhi Police objected to the said prayer and said the same is not maintainable against the respondents in question.

Reportedly, Moitra commented on a video posted on X showing Sharma arriving at the site of a stampede in Hathras in Uttar Pradesh on July 4. The video showed support staff holding an umbrella over Sharma's head. As per media reports, Moitra later deleted her tweet.

The NCW thereafter took suo motu cognisance of TMC leader's post and sought registration of FIR against her.

In a statement, NCW said that it strongly condemned Moitra's post and demanded swift action against her.

Moitra was represented by Senior Advocate Indira Jaising and Advocates Paras Nath Singh and Rohin Bhatt.

Title: Mahua Moitra v. State of NCT of Delhi & Ors.