Cash For Query Row: Delhi High Court To Hear Mahua Moitra's Plea Against Lokpal's Sanction For CBI Chargesheet On November 21

The Delhi High Court on Tuesday listed for hearing on November 21 the plea filed by Trinamool Congress leader Mahua Moitra challenging an order passed by the Lokpal of India granting sanction to the CBI to file chargesheet against her in relation to the cash for query row.

A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that it will first read the sanction order fully, which has been filed in a sealed cover.

“List on Friday to enable the bench to read the impugned order,” the Court said. 

Mahua has challenged the order passed on November 12, saying that the same is erroneous, de hors the provisions of the Lokpal Act and a gross violation of principles of natural justice.

It is her case that while arguments amd filings were invited from her, but they were completely ignored before issuing an order granting sanction under Section 20(7)(a) of the Lokpal Act.

The plea states that the Sanction Order reduces the role of the Lokpal to merely “rubber-stamping of the Investigation Report”, without considering any defence whatsoever being offered by Moitra and granting sanction to file a chargesheet.

“The Hon'ble Lokpal not only has the power to direct filing of a closure report under Section 20(7)(a) of the Hon'ble Lokpal Act, but has a duty to fairly consider the defence of the RPS 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 plea states.

It adds 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 chargesheet to her prejudice.

In the interim, Moitra has sought stay on the sanction order. She has also sought to restrain CBI from taking any steps in furtherance of the Impugned Sanction Order, including but not limited to filing any chargesheet.

Moitra had been accused of receiving cash in exchange for posing questions on behalf of businessman and friend Darshan Hiranandani.

In an interview with The Indian Express, she had accepted the fact that she had provided her Parliament login and password details to Hiranandani, however, she had refuted the claim of receiving any cash from him.

The dispute arose after Dubey wrote a complaint to the Lok Sabha Speaker alleging that Moitra purportedly took bribes to ask questions in the Parliament. Dubey claimed that the genesis of the said allegations was a letter addressed to him by Dehadrai.

Moitra then sent a legal notice to Dubey, Dehadrai and media houses wherein she denied the allegations made against her.

Tile: MAHUA MOITRA v. LOKPAL OF INDIA & ORS