Cash-for-query: Delhi HC sets aside Lokpal order against Mahua Moitra

In a significant legal reprieve for Trinamool Congress MP Mahua Moitra, the Delhi High Court on Friday set aside an order of the Lokpal that had granted sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against her in the much-debated cash-for-query scam case.

A bench comprising justices Anil Kshetarpal and Harish Vaidyanathan Shankar, while delivering its verdict on Moitra’s plea, ruled that the Lokpal’s sanction order could not stand. The court directed the anti-corruption watchdog to reconsider the grant of sanction afresh, strictly in accordance with the provisions of the Lokpal and Lokayuktas Act, and to complete the exercise within one month.

The case centres on allegations that Moitra posed questions in Parliament in exchange for cash and gifts from businessman Darshan Hiranandani. Challenging the Lokpal’s decision, Moitra’s counsel argued that the procedure adopted was legally flawed, citing Section 20(7) of the Act, which mandates that the comments of the public servant concerned be sought before sanction is accorded.

The CBI said Moitra could only submit written comments before the Lokpal, with no right to file documents or seek an oral hearing. Moitra, however, urged the court to restrain the agency from acting on the impugned sanction, including filing any chargesheet, while the matter remained under judicial consideration.

The investigative trail dates back to 21 March 2024, when the CBI registered an FIR against Moitra and Hiranandani under the Prevention of Corruption Act, following a reference from the Lokpal. In July, the agency submitted its detailed report to the Lokpal, outlining allegations that Moitra had indulged in corrupt practices, including accepting bribes and other undue advantages, allegedly compromising her parliamentary privileges and posing national security risks by sharing her Lok Sabha login credentials.

With the high court’s intervention, the spotlight now shifts back to the Lokpal, which has been tasked with reassessing the sanction in a manner consistent with the law. The decision marks a crucial moment in a case that has stirred intense political and legal debate, even as the future course of the investigation hangs in the balance.

With PTI inputs