Case against Tharoor: Cal HC orders fresh examination

KOLKATA: The Calcutta High Court on Thursday asked a local court to examine afresh a case in which Congress MP Shashi Tharoor has been charged with inciting communal hatred and disrespecting the nation.
A Kolkata resident had lodged this complaint in court in 2018, ahead of the 2019 Lok Sabha polls, based on which the local court first issued summons to Tharoor and then even a arrest warrant. Tharoor challenged the order in the high court.
Tharoor's lawyer Mrityunjoy Chatterjee told HC prima facie no case had been made out against the MP. "The present case has been filed only out of political vendetta and personal grudge and it is purely an abuse of the process of law," he said.
Justice Shampa Dutt (Paul) in her order said in the case provisions under Section 202(2) CrPC had not been complied with. This section allows a magistrate to take evidence of witnesses on oath in courts. "The allegations in the written complaint in this case is regarding certain comments allegedly made by the petitioner against a rival political party, and his views regarding the party's alleged acts and conduct. The said statements made are the petitioner's view as a political opponent," the court said. The HC while asking the magistrate to hear the complaint afresh also asked it to consider whether Tharoor would fall under the legal ambit of a public servant.