The Delhi High Court on Friday set aside a Lokpal order that had granted sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress MP Mahua Moitra in the alleged cash-for-query scam.
A Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar, while allowing Moitra’s plea, directed the Lokpal to reconsider the issue of sanction under Section 20 of the Lokpal and Lokayuktas Act. The court asked the Lokpal to take a fresh decision in accordance with the relevant statutory provisions within one month.
“The order is set aside. We have requested the Lokpal to accord consideration for grant of sanction under Section 20 of the Lokpal and Lokayuktas Act in accordance with the relevant provisions within one month,” the Bench said while pronouncing its order.
The case relates to allegations that Moitra had raised questions in Parliament in exchange for cash and gifts from businessman Darshan Hiranandani. Acting on a reference from the Lokpal, the CBI had registered an FIR on March 21, 2024, against Moitra and Hiranandani under provisions of the Prevention of Corruption Act.
The CBI subsequently submitted its investigation report to the Lokpal in July, following which the anti-corruption body granted sanction to prosecute Moitra. This sanction was challenged before the High Court.
Appearing for Moitra, her counsel argued that the Lokpal had adopted a procedurally flawed approach while granting sanction. He specifically relied on Section 20(7) of the Lokpal and Lokayuktas Act, contending that it mandates obtaining the comments of the concerned public servant before according sanction for prosecution.
It was submitted that this statutory safeguard had not been properly followed, rendering the sanction order legally infirm.
The CBI opposed the plea, arguing that Moitra did not have a right to produce documents during the Lokpal proceedings. The agency contended that she was only entitled to submit her comments and was not even entitled to an oral hearing at the stage of grant of sanction.
Moitra had also sought a restraint on the CBI from taking any further steps pursuant to the sanction order, including filing a chargesheet, during the pendency of the proceedings before the High Court.
According to the CBI, Moitra allegedly indulged in corrupt practices, including taking bribes and other undue advantages from Hiranandani. The agency has claimed that she compromised her parliamentary privileges and posed national security concerns by allegedly sharing her Lok Sabha login credentials.
With the High Court now setting aside the sanction, the matter has been sent back to the Lokpal for fresh consideration. The Lokpal will now have to decide, within the stipulated one-month period, whether sanction to prosecute Moitra should be granted after following the procedure prescribed under law.
