An Alipore court has restrained Trinamool Congress MP Mahua Moitra from making or sharing statements on social media or other platforms that could defame West Bengal Chief Secretary Manoj Agarwal, following her allegations over the Special Intensive Revision of electoral rolls.
The court has also directed Moitra to delete posts published on October 3 and October 6 within 24 hours of receiving the order. It issued a notice asking her to explain why the interim injunction should not be made permanent. The next hearing in the case has been scheduled for January 5.
Agarwal had alleged that Moitra described him as a “vote chor”, or vote thief, on social media and held him responsible for the alleged illegal disenfranchisement of lakhs of legitimate Bengali voters. In one of the posts cited in the case, Moitra reportedly warned the chief secretary that the country would “chase” him and that he would not be spared.
In its observations, the court distinguished between criticism of the electoral-roll revision process and allegations directed at an individual official. It noted that citizens and political representatives have the right to discuss and criticise the Special Intensive Revision and government policies in the public interest. However, it said such criticism could not be used as a pretext for making defamatory allegations against a government official.
The court observed that Moitra’s posts appeared to go beyond criticism of the revision exercise and alleged illegal activity by the chief secretary. It also noted that sufficient evidence had not been produced before the court to substantiate the serious allegations, raising preliminary doubts about their legal basis.
Agarwal’s counsel argued that the chief secretary had neither engaged in electoral fraud nor committed any illegal act, and had only discharged his official responsibilities in accordance with the law and directions of the Election Commission. The chief secretary’s case stated that the allegations had affected his integrity, professional competence and reputation.
Before approaching the court, Agarwal had issued a legal notice seeking removal of the two posts within 24 hours, a written apology and an undertaking from Moitra not to make similar defamatory remarks in the future. He also sought Rs 10 crore in damages for defamation and an additional Rs 50,000 towards legal and incidental expenses.
The restraint is interim and will remain subject to further proceedings. Moitra is required to respond to the court’s notice, while the legal challenge will next be considered at the hearing scheduled for January 5.
