Mahua Moitra's Plea Against FIR Over Social Media Post Criticising NCW Chief adjourned to Nov 20: Delhi HC

The Delhi High Court on Monday adjourned to November 20 the hearing on Trinamool Congress MP Mahua Moitra’s petition challenging a Delhi Police FIR registered over her social media post allegedly criticising the then National Commission for Women (NCW) Chairperson Rekha Sharma.

Justice Ravinder Dudeja was hearing the matter when Advocate Adit Pujari, appearing for Moitra, sought that it be taken up on another day, noting that the case arises from a complaint by Zee Media and involves allegations akin to defamation.

Counsel for the Lieutenant Governor of Delhi requested a passover, stating the order was in Moitra’s favour.

The Court inquired if it was a complaint case, to which Pujari responded in the affirmative, pointing out Moitra’s status as an MP/MLA.

The Court re-notified the matter for November 20 and directed that the interim protection earlier granted to Moitra would continue until then.

Moitra had commented over Sharma after a video was posted showing her at the site of a recent stampede in Uttar Pradesh's Hathras. In the video, an assistant was holding an umbrella over Sharma while it rained. To this, Journalist Nidhi Razdan reacted asking:
“Why can’t she carry her own umbrella?”.

Criticizing Sharma’s presence at the stampede site, Moitra had replied to Razdan's comment stating, "She is too busy holding up her boss's pyjamas."

While filing a formal complaint, NCW had said, "These crude remarks are not only outrageous but also a severe violation of a woman's right to dignity.The Commission observed that this remark attracts Section 79 of the Bharatiya Nyay Sanhita, 2023. NCW strongly condemns these defamatory remarks and requests strict action against Ms. Moitra. An FIR should be registered against Ms. Moitra and a detailed action report should be communicated to the Commission within 3 days."

Notably on July 26, 2024, the High Court had issued notice in the plea and sought a response from the Delhi Police. Senior Advocate Indira Jaising, representing Moitra, had informed the Court that a copy of the FIR was not provided to the TMC leader despite an application. The initial request in the petition sought the FIR's copy and quashing.

The Delhi Police had handed a copy of the FIR to Senior Advocate Jaising in Court, suggesting the plea was now infructuous. Nevertheless, since Senior Advocate Jaising pointed out that the plea also sought the FIR's quashing, the court issued a notice and scheduled a hearing to discuss the FIR's legality and validity.

Moitra's plea also contested letters sent by Sharma and NCW Joint Secretary A. Asholi Chalai to the Lok Sabha Speaker and the Delhi Police Commissioner, respectively, requesting action against her. The Delhi Police had opposed this aspect of the plea, arguing it was not maintainable against the respondents.

Case Title: Mahua Moitra v. State NCT of Delhi & Anr.

Hearing Date: August 11, 2025

Bench: Justice Ravinder Dudeja

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