Supreme Court Eases Nadia Circuit House Notice Rule for Mahua Moitra

Supreme Court direction on the Nadia circuit house notice rule for Mahua Moitra

The Supreme Court has directed the Nadia administration to modify its requirement that MPs and MLAs give three to four days’ advance notice to use the district circuit house, allowing Trinamool Congress MP Mahua Moitra to seek accommodation with one day’s notice.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi asked the authorities to withdraw or modify a September 1 communique that imposed the longer notice period. The bench said accommodation could be provided on the basis of one day’s advance intimation.

The direction came during proceedings on Moitra’s plea concerning access to the circuit house and her allegations that she had been obstructed from undertaking work under the Member of Parliament Local Area Development Scheme, or MPLADS. Moitra represents Krishnanagar, the headquarters of Nadia district.

Justice Bagchi orally described the September 1 communication as “retaliatory” and referred to recent incidents involving Moitra in Bengal, although the court did not elaborate on those incidents in the order reported by Telegraph India. The bench’s direction was limited to the advance-notice requirement and did not amount to a final ruling on the wider dispute.

The case also involves the administrative arrangements governing the use of circuit houses, which are government-managed accommodation facilities generally used by public officials and other authorised visitors. The Supreme Court’s direction means that the Nadia authorities cannot apply the three-to-four-day notice condition in the manner challenged by Moitra, and must revise the September 1 communication.

The bench did not pass directions on Moitra’s allegation of wilful obstruction in the implementation of her MPLADS activities. It said it expected the authorities to address her grievances and allowed her to approach the Calcutta High Court if she was dissatisfied with the response.

The proceedings followed an earlier hearing in which a bench comprising Justice Bagchi and Justice V. Mohana sought the state’s response on the issue. The court also rejected, at that stage, an objection from Solicitor-General Tushar Mehta, appearing for the Centre and the Bengal government, who had questioned the maintainability of Moitra’s appeal.

The immediate administrative task for the Nadia authorities is to modify the September 1 communique in line with the Supreme Court’s direction. The wider question concerning Moitra’s allegations over MPLADS remains open and may proceed before the relevant authorities or the Calcutta High Court, depending on the response from the administration.


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