Cash-for-query case: Delhi High Court grants relief to Mahua Moitra
What's the story
The Delhi High Court has set aside the Lokpal of India's order granting sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress leader Mahua Moitra. The decision was taken by a division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar. The court found that the Lokpal had erred in its earlier order and directed it to reconsider the matter within a month, under the provisions of the Lokpal and Lokayuktas Act.
Legal arguments
Moitra's legal team criticizes Lokpal's sanction process
Moitra's counsel, Senior Advocate Nidhesh Gupta, argued that the Lokpal had erred in its procedure under the Lokpal and Lokayuktas Act, 2013. He referred to Section 20(7), which requires comments from public servants before granting sanction. Gupta said the Lokpal ignored this requirement and granted sanction without considering any material. Gupta claimed that Lokpal said "I won't see any material at all" and issued sanction, which is contrary to the statute.
CBI's stance
CBI opposes Moitra's right to oral hearing
The CBI had opposed Moitra's plea, arguing that she was not entitled to an oral hearing before the Lokpal. Additional Solicitor General SV Raju, appearing for the CBI, contended that law only permits accused persons to give comments without any oral hearing. Senior Advocate Jivesh Nagrath, representing complainant Bharatiya Janata Party (BJP) MP Nishikant Dubey, argued that comments required under Section 20 were presented to the Lokpal.
Plea details
Moitra's plea highlights concerns over Lokpal's sanction order
Moitra had challenged a November 12 order, arguing it was erroneous and violated natural justice principles. Her plea said the Sanction Order reduced the Lokpal's role to "rubber-stamping" an investigation report without considering her defense. It also said that the Lokpal allegedly closed off the possibility of filing a closure report without considering Moitra's arguments.
Scam details
Allegations against Moitra in cash-for-query scam
The cash-for-query scam involves allegations that Moitra received cash and gifts from businessman Darshan Hiranandani in exchange for asking questions in Parliament. She admitted to sharing her Parliament login and password with Hiranandani but denied receiving any cash. The controversy started after Dubey complained to the Lok Sabha Speaker about Moitra allegedly taking bribes for parliamentary questions.