The Delhi High Court on Tuesday announced that it would hear on November 21 a plea filed by Trinamool Congress MP Mahua Moitra challenging a Lokpal order that grants sanction to the Central Bureau of Investigation (CBI) to file a charge sheet against her in the alleged cash-for-query scam.
A bench comprising Justices Anil Khetarpal and Harish Vaidyanathan Shankar listed the matter for Friday to allow the court time to go through the Lokpal’s order, which has been submitted in a sealed cover.
The cash-for-query scam pertains to the allegation that Moitra had posed questions in the House in exchange for cash and gifts from a businessman.
In her plea, Moitra has sought the setting aside of the November 12th order of the Lokpal of India, claiming that it was erroneous, de hors the provisions of the Lokpal Act, and a gross violation of the principles of natural justice.
The plea alleged that arguments and submissions were invited from her and then completely ignored before issuing the sanction order under the Lokpal Act, on the grounds that they were premature and would be considered at a subsequent stage. It claimed that the sanction order reduced the role of the Lokpal to merely "rubber-stamping of the investigation report," without considering any defence whatsoever offered by Moitra, and granting sanction to file a charge sheet.
The Lok Sabha MP's petition stated: "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."
It further argued that the Lokpal has closed the door on the filing of a closure report without even considering the arguments and defence of Moitra, and instead summarily accorded sanction for the filing of a charge sheet, prejudicing her case.
In the interim, Moitra has sought a stay on the sanction order. She has also sought to restrain the CBI from taking any steps in furtherance of the sanction order, including but not limited to filing any charge sheet during the pendency of the present proceedings.
The CBI, in July, submitted its report to the Lokpal in connection with the alleged cash-for-query scam case involving the Trinamool Congress (TMC) leader and businessman Darshan Hiranandani.
The agency had registered a First Information Report (FIR) on March 21st, 2024, against the two under provisions of the Prevention of Corruption Act on a reference from the Lokpal. It was alleged that Moitra engaged in corrupt practices, including, but not limited to, taking bribes and other undue advantages from Hiranandani for "compromising her parliamentary privileges and causing national security threats by sharing her Lok Sabha login credentials." The agency had submitted its findings in the case to the Lokpal, which was to decide the further course of action.
Moitra, who represented the Krishnanagar seat in the last Lok Sabha, was expelled from the House in December 2023 for "unethical conduct," a decision she has challenged in the Supreme Court. She defeated her rival, the BJP’s Amrita Roy, in the 2024 general elections, retaining her seat in the 18th Lok Sabha.
The Lokpal, the anti-corruption ombudsman, issued directions to the CBI after receiving the findings of its preliminary inquiry into allegations made against Moitra by BJP MP Nishikant Dubey. Dubey had alleged that Moitra had asked questions in the House in exchange for cash and gifts from Dubai-based businessman Darshan Hiranandani to launch an attack on industrialist Gautam Adani and Prime Minister Narendra Modi, among others.
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