In a significant legal development, the Delhi High Court has provided interim relief to Trinamool Congress (TMC) Member of Parliament Mahua Moitra. The court set aside an order issued by the anti-corruption ombudsman, the Lokpal, which had granted sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against her in the high-profile cash-for-query case.
Court Cites Procedural Lapse in Lokpal's Order
The bench, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, announced its verdict in open court on Friday, December 19, 2025. The primary ground for quashing the Lokpal's November 12 order was a procedural failure. The court found that the Lokpal did not consider Moitra's submissions and filings before granting the sanction, as mandated by law.
This requirement is specifically outlined in Section 20 (7) of the Lokpal Act, 2013. The provision states that before granting sanction for prosecution or directing action, the Lokpal must consider every report from investigative agencies and also obtain and review the comments of the competent authority concerned.
Moitra's Argument and the Court's Directive
Mahua Moitra, through her plea, had challenged the sanction order precisely on this procedural shortcoming. Her legal team argued that the sanction to file a chargesheet effectively amounted to a sanction to prosecute. They contended that the Lokpal's act of calling for her comments implied a legislative intent to consider them, not merely to receive and ignore them.
The Lokpal, in its defence, had reportedly stated that Moitra's submissions would be considered at a later stage under Section 20(8) of the Act. However, the High Court did not find this justification sufficient to bypass the clear mandate of Section 20(7).
Consequently, the division bench remanded the matter back to the Lokpal. The anti-corruption body has been directed to reconsider the aspect of granting sanction strictly in accordance with the provisions of the Act. The Lokpal must take a fresh decision on the matter within one month. A detailed written order from the High Court is still awaited.
Background of the Cash-for-Query Allegations
The case stems from a complaint filed by Bharatiya Janata Party (BJP) MP Nishikant Dubey in October 2023. He accused Moitra of accepting bribes, both in cash and gifts, from businessman Darshan Hiranandani in exchange for asking questions in Parliament.
The chronology of the investigation is as follows:
- October 2023: BJP MP Nishikant Dubey lodges complaint with the Lokpal.
- The Lokpal directs the CBI to conduct a preliminary enquiry.
- February 2024: CBI submits its preliminary enquiry report.
- March 2024: Lokpal orders a formal investigation by the CBI.
- June 2025: CBI submits its investigation report to the Lokpal.
- July 2025: Moitra is directed to provide her comments on the CBI report.
- November 12, 2025: After a hearing, the Lokpal passes the order granting sanction to the CBI to file a chargesheet.
Moitra has admitted to sharing her Parliament login credentials with Hiranandani but has consistently denied accepting any cash from him.
The Delhi High Court's intervention underscores the critical importance of due process in legal and parliamentary proceedings. It ensures that even in cases involving serious allegations, the rights of the accused to a fair procedure are protected. All eyes will now be on the Lokpal's reconsidered decision, expected within the court-stipulated one-month timeframe.
