Delhi HC seeks police response on Mahua Moitra's plea to quash FIR over NCW chief remark

The Delhi High Court on Friday asked the city police to respond to Trinamool Congress (TMC) Lok Sabha MP Mahua Moitra's plea seeking quashing of an FIR against her over an alleged "derogatory" social media remark on NCW chief Rekha Sharma.

Justice Neena Bansal Krishna issued a notice to the Delhi Police on the petition and asked it to file a status report within four weeks.

The high court listed the matter for arguments on the legality and validity of the FIR, as challenged in the petition, on November 6.

The police registered an FIR against Moitra this month Under Section 79 of the Bharatiya Nyaya Sanhita (BNS) that deals with a word, gesture or act intended to insult the modesty of a woman.

This was the first FIR registered under the BNS by the Delhi Police's Special Cell since it came into force on July 1.

The Trinamool Congress (TMC) leader had commented on a video posted on X that showed National Commission for Women (NCW) chief Rekha Sharma arriving at the site of a stampede in Uttar Pradesh's Hathras on July 4.

Moitra later deleted the post, which referred to a man holding an umbrella and walking behind Sharma.

During the hearing, senior advocate Indira Jaising, appearing for Moitra, submitted that they were not provided with a copy of the FIR despite asking for it. She said she came to know about the FIR through media.

The counsel for the police then handed over the FIR copy to the petitioner's counsel in the court.

Besides the FIR, Moitra has also challenged the letters written by Sharma and NCW joint secretary to the Lok Sabha Speaker and Delhi Police Commissioner, respectively, seeking action against her.

The counsel appearing for the police raised objection to the prayer and said it was not maintainable.

The FIR stated that the NCW took suo motu (on its own) cognisance of Moitra's alleged "derogatory remarks" and the FIR was lodged on a complaint by the NCW.

The FIR said, "The crude remarks made by Moitra are extremely outrageous and a sheer violation of a woman's right to live with dignity”.

The NCW had earlier alleged Moitra's remark was “outrageous and a violation of a woman's right to dignity”, observing that it attracted Section 79 of the BNS.

“An FIR should be registered against Moitra and a detailed action report should be communicated to the commission within three days,” it had said in a post on X.