The Delhi High Court has overturned an order from the Lokpal of India granting the Central Bureau of Investigation (CBI) sanction to file a chargesheet against Trinamool Congress leader Mahua Moitra. The decision relates to allegations of a “cash for query” arrangement.
Court Finds Procedural Errors
A division bench consisting of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar ruled that the Lokpal erred in its understanding of the Lokpal Act. The Court directed the Lokpal to reconsider the matter of sanction within one month.
Senior Advocate Nidhesh Gupta, representing Moitra, argued that the Lokpal’s procedure violated the Lokpal and Lokayuktas Act, 2013. Specifically, Gupta stated the Lokpal indicated it “won’t see any material at all” before granting sanction, contradicting a requirement in Section 20(7) of the Act to obtain comments from the public servant in question.
Arguments were also presented by ASG SV Raju for the CBI, who asserted that Moitra was not entitled to an oral hearing, despite one being granted by the Lokpal. Senior Advocate Jivesh Nagrath, representing complainant Dubey, maintained that the Lokpal had properly considered the required comments as outlined in Section 20.
Moitra’s Challenge
Moitra challenged the November 12th order, claiming it was “erroneous” and a violation of natural justice. She alleged that her arguments and submissions were disregarded when the sanction was granted, effectively reducing the Lokpal’s role to “rubber-stamping” the investigation report.
The allegations against Moitra center around claims she received cash from businessman Darshan Hiranandani in exchange for posing parliamentary questions on his behalf. Moitra has admitted to sharing her Parliament login details with Hiranandani but denies receiving any cash.
What Happens Next
The Lokpal will now need to reconsider its decision regarding sanction for the CBI to file a chargesheet. It could reaffirm its original decision, grant sanction, or decide not to grant sanction. If the Lokpal reaffirms its original decision, the CBI could potentially challenge that decision in court. A possible next step for Moitra is to continue to defend herself against the allegations and cooperate with any further investigation.
Frequently Asked Questions
What was the original order issued by the Lokpal?
The original order, passed on November 12th, granted sanction to the CBI to file a chargesheet against Mahua Moitra in relation to the “cash for query” allegations.
What specific part of the Lokpal Act was cited by Moitra’s counsel?
Section 20(7) of the Lokpal and Lokayuktas Act, 2013, which requires the Lokpal to obtain the comments of the public servant before granting sanction, was central to the argument.
Who filed the initial complaint that led to this legal challenge?
Nishikant Dubey, a Member of Parliament, filed the initial complaint with the Lok Sabha Speaker alleging that Mahua Moitra took bribes to ask questions in Parliament.
Given the High Court’s decision to set aside the original sanction, what implications might this have for the ongoing scrutiny of parliamentary conduct?
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