The Supreme Court on Friday ordered that Trinamool MP Mahua Moitra needed to give only a day's notice to the Nadia administration for accommodation at the circuit house, asking the district authorities to "withdraw" its September 1 circular requiring MPs and MLAs to give prior notice of at least three to four days.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the accommodation could be provided on a day's advance intimation and directed that the September 1 communique be modified. The bench prima facie felt that the decision to insist on three-four days' advance notice was "retaliatory" in nature.
Moitra is the MP of Krishnanagar, the district headquarters of Nadia.
"We would like you to withdraw this (September 1 letter)… it’s a retaliatory letter…," Justice Bagchi orally observed, referring to recent incidents in Bengal about Moitra, though he did not elaborate.
The bench, however, refrained from passing any directions on Moitra’s plea alleging wilful obstruction in the discharge of her Member of Parliament Local Area Development Schemes (MPLADS).
The bench said it “expects the authorities to address her grievances” and also granted her liberty to approach Calcutta High Court if she was dissatisfied with the response of the authorities.
The bench passed directions on Moitra’s plea in which she accused the Bengal government of not allowing her to undertake MPLADS. She assailed the state’s order that MPs and others seeking to use the circuit house must intimate the authorities at least three to four days in advance.
A bench of Justice Bagchi and Justice V. Mohana had on October 1 sought the state’s response on the issue and brushed aside the objection of solicitor-general Tushar Mehta, appearing for the Centre and the Bengal government, who had questioned the maintainability of Moitra’s appeal.
