Today, On 19th December, Delhi High Court set aside the Lokpal sanction allowing the CBI to file a chargesheet against TMC MP Mahua Moitra in the cash-for-query case. The court directed the Lokpal to relook into the matter afresh within one month.
New Delhi: The Delhi High Court set aside the Lokpal’s order that had granted sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress (TMC) Member of Parliament Mahua Moitra in the alleged cash-for-query case.
The decision delivered by a Division Bench comprising Justice Anil Kshetarpal and Justice Harish Vaidhyanathan Shankar.
The Delhi High Court directed the Lokpal to reconsider the entire matter afresh. The Court ordered the Lokpal to relook into the issue within a period of one month and take a fresh decision in accordance with law.
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The High Court previously reserved its judgment after hearing extensive arguments from all involved parties. Moitra is challenging the Lokpal’s November 12 decision, which permitted the CBI to proceed against her.
At the conclusion of the hearing, Senior Advocate Nidhesh Gupta, representing Moitra, requested an interim stay on the CBI proceedings. However, the Court did not grant any interim relief at that time. Moitra argued that the Lokpal authorized the sanction without properly considering her written submissions, despite inviting her comments and allowing oral arguments.
Her counsel contended that the Lokpal labeled her remarks as “premature” while simultaneously stating they would be reviewed at a later time, which she claims violated Section 20 of the Lokpal and Lokayuktas Act.
Additionally, it was argued that the Lokpal incorrectly invoked Section 20(8) instead of Section 20(7), which specifically pertains to the authorization for prosecution.
In opposition, Additional Solicitor General S. V. Raju, representing the CBI, contended that Moitra holds no statutory right to an oral hearing and is only entitled to submit written comments, which she has done.
He asserted that the Lokpal exceeded its statutory authority by granting her an oral hearing and additional time to submit affidavits, thereby fully adhering to legal requirements.
The CBI described the challenge as frivolous and asserted that the proceedings before the Lokpal were conducted in strict accordance with the law. Counsel for the complainant also opposed the plea, affirming that Moitra was provided all necessary opportunities as required by statute.
The High Court had noted earlier that it needed time to examine the complete Lokpal order, which had been provided in a sealed envelope.
The Bench pointed out that Moitra’s complaint centered on the alleged non-consideration of her submissions, but emphasized that the order must be evaluated as a whole rather than through selective excerpts.
This case originated from a complaint lodged in October 2023 by advocate Jai Anant Dehadrai. Following this complaint, the Lokpal referred the matter to the CBI, which submitted a preliminary report in February 2024 and a detailed investigation report on June 30, 2024.
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Moitra was subsequently asked to submit her comments in July, and she was provided additional time, access to records, and an oral hearing. After considering her submissions in October, the Lokpal granted sanction to the CBI on November 12.
Moitra has requested the High Court to cancel the sanction order, claiming that the Lokpal failed to independently assess whether the situation warranted a chargesheet, a closure report, or departmental action, arguing that the decision is arbitrary, unlawful, and violates the principles of natural justice.