In a significant legal development, the Delhi High Court on Friday overturned an order from the Lokpal that had granted sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress Member of Parliament Mahua Moitra. The case pertains to the high-profile alleged cash-for-query scam.
Court's Order and Key Directions
A bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar delivered the verdict while hearing Moitra's petition challenging the Lokpal's sanction. The court explicitly stated, "The order is set aside." Furthermore, the bench has directed the Lokpal to reconsider the grant of sanction under Section 20 of the Lokpal and Lokayuktas Act. The anti-corruption ombudsman has been instructed to complete this fresh consideration process within a period of one month, ensuring it adheres strictly to the relevant legal provisions.
Arguments Presented by Both Sides
During the proceedings, Mahua Moitra's legal counsel raised a critical procedural objection. They argued that the Lokpal's process was fundamentally flawed because it failed to comply with Section 20(7) of the Lokpal and Lokayuktas Act. This section mandates that the comments of the concerned public servant must be obtained before any sanction for prosecution is granted. The counsel contended that this vital step was overlooked, rendering the sanction order invalid.
The CBI, opposing the plea, put forth a different interpretation of the law. The agency argued that during the Lokpal's proceedings, an accused public servant like Moitra does not possess the right to submit documents. According to the CBI, the entitlement is limited only to providing written comments and does not extend to an oral hearing.
Background of the Cash-for-Query Allegations
The core of the scandal involves allegations that Moitra asked questions in the Lok Sabha in exchange for cash and gifts from businessman Darshan Hiranandani. The CBI's First Information Report (FIR), registered on March 21, 2024, accuses both Moitra and Hiranandani under the Prevention of Corruption Act. The case originated from a reference made by the Lokpal itself.
The agency's investigation claims that Moitra engaged in corrupt practices, which allegedly included accepting bribes and undue advantages. A serious accusation is that she shared her official Lok Sabha login credentials with Hiranandani, potentially compromising parliamentary privileges and posing a threat to national security.
Case Timeline and Current Status
The CBI had submitted its investigation report to the Lokpal in July. In her petition, Moitra had also sought an interim order to restrain the CBI from taking any further steps, such as filing the chargesheet, while the court proceedings were ongoing. With the High Court's latest ruling, the Lokpal must now re-examine the matter afresh following the proper procedure. The outcome of this reconsideration will determine the next legal steps in this closely watched political and legal battle.
