The Delhi High Court on Tuesday said it will hear on November 21 a petition filed by Trinamool Congress MP Mahua Moitra challenging the Lokpal of India’s decision to grant the Central Bureau of Investigation sanction to file a chargesheet against her in the alleged cash-for-query case.
A bench of Justices Anil Khetarpal and Harish Vaidyanathan Shankar listed the matter for Friday to allow the court to examine the Lokpal’s November 12 order, which has been placed before it in a sealed cover.
Moitra has sought the quashing of the Lokpal’s sanction, calling it “erroneous”, contrary to the provisions of the Lokpal and Lokayuktas Act, and a violation of natural justice. Her petition alleges that although the Lokpal invited arguments and written submissions from her, these were “completely ignored” on the ground that they were premature and would be considered later.
According to her plea, the sanction order “reduced the role of the Lokpal to merely rubber-stamping the investigation report” without examining her defence or determining whether the case warranted a chargesheet or a closure report.
“The Lokpal not only has the power to direct filing of a closure report under Section 20(7)(a) of the Lokpal Act, but has a duty to fairly consider the defence of the respondent public servant at this stage itself,” the petition states.
Moitra claims the Lokpal “closed the door” on the possibility of a closure report by granting sanction without considering her submissions. She has requested an interim stay on the sanction order and sought directions restraining the CBI from taking any steps, including filing a chargesheet, during the pendency of her challenge.
The CBI submitted its report to the Lokpal in July in connection with the alleged cash-for-query matter involving Moitra and businessman Darshan Hiranandani. The agency had registered an FIR on March 21, 2024, under provisions of the Prevention of Corruption Act, based on a reference from the Lokpal.
It is alleged that Moitra accepted bribes and other benefits from Hiranandani in exchange for sharing her Lok Sabha login credentials and raising parliamentary questions that were said to target industrialist Gautam Adani and Prime Minister Narendra Modi.
The preliminary inquiry was initiated after BJP MP Nishikant Dubey accused Moitra of asking questions in Parliament in exchange for cash and gifts. Moitra has consistently denied all allegations.
The Krishnanagar MP was expelled from the Lok Sabha in December 2023 for “unethical conduct”, a decision she has challenged before the Supreme Court. She retained her seat in the 2024 general elections after defeating BJP candidate Amrita Roy.
The Lokpal’s sanction paves the way for the CBI to move ahead with prosecution, subject to the outcome of Moitra’s petition now pending before the Delhi High Court.
