Mahua Moitra has approached the Delhi High Court against the Lokpal order allowing the CBI to file a chargesheet in the cash-for-query case. She argues the order violates natural justice and was issued without considering her submissions.
New Delhi: Trinamool Congress (TMC) MP Mahua Moitra has moved the Delhi High Court against the Lokpal of India’s order that allowed the Central Bureau of Investigation (CBI) to file a chargesheet against her in the alleged cash-for-query case.
Her petition will be heard on Tuesday by a Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar.
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The dispute began after BJP MP Nishikant Dubey accused Moitra of taking money and expensive gifts from Dubai-based businessman Darshan Hiranandani in return for asking certain questions in Parliament.
Following these allegations, the Lokpal had earlier directed the CBI to conduct a full investigation into “all aspects” of the matter under Section 20(3)(a) of the Lokpal and Lokayukta Act, 2013, and submit its report within six months.
On November 12, a full bench of the Lokpal passed an order under Section 20(7)(a) read with Section 23(1) of the Act.
Through this order, the Lokpal gave the CBI permission to file a chargesheet against Moitra within four weeks and also required the agency to send a copy of the chargesheet to the Lokpal. This decision cleared the way for the CBI to move ahead with prosecution.
In her plea filed through advocate Samudra Sarangi, Moitra has argued that the Lokpal’s order is not only against the provisions of the Lokpal Act but also violates the principles of natural justice.
She has claimed that the order was issued without properly considering her detailed written and oral submissions before the Lokpal. According to her, she was not given a fair chance to present her case in a meaningful manner.
Moitra has further submitted that the immediate operation of the order will seriously affect her rights because the CBI may file the chargesheet at any moment.
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She has stated,
“If the effect and operation of the Impugned Sanction Order is not stayed forthwith, the CBI will proceed to file the chargesheet, causing irreparable harm and prejudice to the Petitioner. This would render the present Writ Petition largely infructuous. Therefore, the present matter requires the urgent intervention of this Hon’ble Court.”
Her plea requests the High Court to urgently put the Lokpal’s sanction order on hold so that the CBI cannot file the chargesheet until the court decides the legality of the Lokpal’s decision. The High Court will now consider her challenge and decide whether the Lokpal’s sanction should be halted while the case continues.
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