Delhi High Court Upholds Mahua Moitra’s Right to Public Defense

The Delhi High Court has affirmed that Mahua Moitra, a leader of the Trinamool Congress (TMC), cannot be restrained from defending herself against allegations made by an estranged friend in the public domain, as long as her statements remain factually accurate. The court’s oral observation came during a plea filed by lawyer Jai Anant Dehadrai, seeking an injunction to prevent Moitra from making purportedly defamatory statements against him.

Dehadrai’s lawsuit against Moitra, seeking damages of ₹2 crore, alleges that she made defamatory remarks against him in connection with the cash-for-query row. Moitra was expelled from the Lok Sabha following accusations by Dehadrai that she accepted bribes to ask questions in Parliament.

Justice Prateek Jalan emphasized Moitra’s right to defend herself publicly, provided her statements are factually accurate. He noted that Moitra’s comments are not necessarily defamatory and may be justifiable as “fair comment.”

The court urged Moitra’s counsel to exercise discretion in handling the matter, considering the absence of recent statements from Moitra. Justice Jalan also cautioned Dehadrai’s lawyer against making public statements and emphasized the need for balanced equities in granting an injunction.

Dehadrai’s lawsuit alleges that Moitra’s statements tarnished his reputation and portrayed him as embittered due to a failed personal relationship. The court had previously issued summons on the lawsuit and scheduled further hearings for April 25.

The case underscores the delicate balance between freedom of expression and reputational protection in the context of public discourse. As the legal proceedings unfold, both parties are expected to navigate these complexities while upholding the principles of fairness and accuracy.

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