The High Court ruled that the Lokpal failed to follow mandatory safeguards under the Lokpal and Lokayuktas Act while granting sanction for prosecution.
Moitra had challenged the sanction, arguing that her mandatory right to submit comments was not properly considered before approval was granted.
The Lokpal has now been directed to re-examine the sanction request afresh, while allegations in the case continue to be denied by the MP.
CBI can't Prosecute Mahua Moitra in 'Cash-for-query' Case : Court
The Delhi High Court has set aside the Lokpal’s approval allowing the CBI to prosecute TMC MP Mahua Moitra in the alleged cash-for-query case, citing procedural lapses. The court has asked the anti-corruption body to reconsider the matter within a month.
Summary
The Delhi High Court on Friday quashed the Lokpal’s order granting sanction to the CBI to file a chargesheet against Trinamool Congress MP Mahua Moitra in the alleged cash-for-query case, and asked the Lokpal to reconsider the matter afresh.
A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar set aside the sanction order and directed the Lokpal to re-examine the request for prosecution under Section 20 of the Lokpal and Lokayuktas Act, and take a decision in accordance with law within one month.
The case relates to allegations that Moitra raised questions in Parliament in return for cash and gifts from businessman Darshan Hiranandani. Moitra had challenged the Lokpal’s sanction on procedural grounds, arguing that mandatory safeguards under the law were not followed.
Her counsel pointed to Section 20(7) of the Act, which requires the Lokpal to seek and consider the public servant’s comments before granting prosecution sanction. The CBI opposed the plea, contending that Moitra had no right to submit documents during the Lokpal proceedings and was only entitled to offer written comments, not an oral hearing. PTI reported.
Moitra sought a restraint on the CBI from acting on the sanction order, including filing a chargesheet, while her petition was pending. The CBI had submitted its report to the Lokpal in July after registering an FIR on March 21, 2024, under the Prevention of Corruption Act, following a reference from the Lokpal. The agency has alleged that Moitra accepted bribes and other undue benefits from Hiranandani, including accusations of sharing her Lok Sabha login credentials. These claims have been denied by MP Moitra.
(With inputs from PTI)
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