Calcutta HC Quashes Criminal Proceedings Against Babul Supriyo Under FIR Filed By Mahua Moitra

Criminal proceedings against BJP MP Babul Supriyo were quashed by the Calcutta High Court on Wednesday (14 October). These proceedings against Supriyo were initiated based on a FIR filed by Trinamool Rajya Sabha MP Mahua Moitra, Live Law has reported.

As per the report, the FIR was filed by Moitra with regards to a statement by Suprio in a news debate back in 2017 where the two were participants.

During the debate Supriyo allegedly commented, "Mohua, are you on Mohua?". This was termed as derogatory by Moitra who claimed Supriyo was alluding to the indigenous liquor Mauha.

Moitra subsequently filed an FIR against Supriyo and a case was registered under section 509 (act intended to insult the modesty of a woman). The Chief Judicial Magistrate took cognisance of the matter and issued an arrest warrant.

Supriyo then petitioned the High Court seeking the quashing of the criminal proceedings, and a stay was granted.

The court has now ruled that Supriyo's statement cannot be termed as outraging the modesty of a woman.

"The penal code recognises assault, criminal force or insult of woman's modesty as offence. When the essence of modesty has been described as the sex of a woman, by the Hon'ble Supreme Court, by no stretch of the imagination the definition can be widened to include an assault or insult on the qualities of goodness, sensitivity, gentleness, empathy etc of a woman", the court ruled.

The court added that thus the allegations in the FIR do not disclose any cognisable offence under Section 509 of the IPC and are liable to be quashed. The court instead observed that Supriyo's statement was defamatory and Moitra is free to take action over the same at any appropriate forum.