Mahua Moitra vs Dehadrai pet custody dispute: Delhi HC seeks Trinamool MP’s response on plea against trial court’s ‘gag’ order

Subsequently, Moitra filed a civil suit in a Saket court in January, seeking shared custody of the pet.

In an order in March, according to Dehadrai, the trial court purportedly issued a “complete ‘gag’ order”, barred the stenographer from uploading a copy of the orders online, and restrained the parties from publicising the issue.

The order was subsequently modified, in part, by the trial court in April to the effect that orders be uploaded to the online portal.

Arguing that the trial court’s order curtails Dehadrai’s freedom of speech, Senior Advocate Sanjoy Ghose also pointed out that the suit contained no request for privacy or restraint on publicity.

While Dehadrai claimed that he has been injuncted through the trial court’s order, Justice Manoj Jain, however, orally remarked that the trial court’s direction does not specifically injunct the parties under provisions of the Civil Procedure Code but only directs for exercising restraint against publicity”.

“A frivolous case is filed against me, and I can’t talk about it, can’t discuss it, can’t write about it. Where is it necessary for the fairness of the trial? She is an MP. Can an MP claim a higher right over a normal plaintiff?” Ghose asked.

Posting the matter next for December 22, the court issued notice to Moitra, seeking her response to Dehadrai’s plea.

In April, Moitra’s counsel informed the trial court that he had never prayed for a relief akin to a gag order.

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