Delhi High Court To Hear Mahua Moitra’s Plea Against Lokpal’s Sanction For CBI Chargesheet

The Delhi High Court on Tuesday announced that it will hear on November 21 a plea by Trinamool Congress MP Mahua Moitra challenging the Lokpal’s decision to grant the Central Bureau of Investigation (CBI) permission to file a chargesheet against her in the alleged cash-for-query scandal.

A bench comprising Justices Anil Khetarpal and Harish Vaidyanathan Shankar scheduled the hearing for Friday to allow time to review the Lokpal’s order, which has been submitted to the court in a sealed cover.

In her petition, Moitra sought the quashing of the November 12 order issued by the Lokpal of India, which authorised the CBI to proceed against her. She contended that the sanction was flawed, violated the Lokpal Act, and amounted to a serious breach of natural justice.

The plea claimed that although her arguments and submissions were formally invited, they were entirely disregarded in issuing the sanction order. The Lokpal reportedly dismissed them as premature, stating they would be addressed at a later stage.

Moitra argued that the sanction reduced the Lokpal’s role to a mere “rubber-stamping of the investigation report,” ignoring her defence and granting permission to file a chargesheet.

“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 RPS (respondent public servant) at this stage itself so that a fair and reasoned decision is taken on whether the case necessitates the filing of a chargesheet or a closure report,” the MP noted in her petition.

She further alleged that the Lokpal precluded the possibility of filing a closure report without weighing her defence, and instead summarily approved the chargesheet, causing prejudice to her.

Meanwhile, Moitra has requested an interim stay on the sanction order. She has also sought to restrain the CBI from taking any steps under the order, including filing a chargesheet, while her plea is pending.

The CBI had submitted its report to the Lokpal in July regarding the alleged cash-for-query scam involving Moitra and businessman Darshan Hiranandani. The agency had registered an FIR on March 21, 2024, against both individuals under the Prevention of Corruption Act, following a reference from the Lokpal.

The allegations include Moitra engaging in corrupt practices such as accepting bribes and other benefits from Hiranandani to compromise her parliamentary duties and potentially endanger national security by sharing her Lok Sabha login credentials. The Lokpal is expected to decide the next steps based on the agency’s findings.

Moitra, who represented Krishnanagar in the last Lok Sabha, was expelled from the House in December 2023 for “unethical conduct,” a decision she is contesting in the Supreme Court. She retained her seat in the 18th Lok Sabha by defeating BJP candidate Amrita Roy in the 2024 general elections.

The Lokpal issued directions to the CBI after receiving its preliminary inquiry findings regarding allegations made against Moitra by BJP MP Nishikant Dubey. Dubey had claimed that Moitra sought cash and gifts from Dubai-based businessman Darshan Hiranandani in exchange for raising questions in Parliament targeting industrialist Gautam Adani, Prime Minister Narendra Modi, and others.

With PTI inputs