Delhi High Court Sets November 21 Hearing for Mahua Moitra's Challenge
The Delhi High Court has scheduled a hearing for November 21 on a petition filed by Trinamool Congress MP Mahua Moitra. The MP is contesting an order from the Lokpal that granted sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against her in the high-profile 'cash for query' case.
The Core of the Legal Challenge
Moitra's legal plea seeks to have the Lokpal's order, dated November 12, completely quashed and set aside. Additionally, she has requested an interim stay on the operation of this order and has asked the court to restrain the CBI from taking any further action against her while her petition is pending before the High Court.
The division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar received the Lokpal's sanction order in a sealed cover. The court noted that the matter should be listed on Friday to allow the bench sufficient time to review the contents of the order before the hearing proceeds.
Background and Timeline of the 'Cash for Query' Allegations
The case against Mahua Moitra centers on allegations that she shared her Parliament login credentials with businessman Darshan Hiranandani in exchange for bribes, which reportedly included both cash and expensive gifts.
While Moitra has publicly admitted to providing her login details to Hiranandani, she has strenuously denied accepting any cash from him.
The timeline of the case is as follows:
- October 2023: BJP MP Nishikant Dubey files a complaint with the Lokpal, accusing Moitra of cash-for-query dealings.
- October 2023: The Lokpal directs the CBI to conduct a preliminary enquiry.
- February 2024: The CBI submits its initial report to the Lokpal.
- March 2024: The Lokpal orders a formal investigation by the CBI.
- June 2024: The CBI submits its investigation report to the Lokpal.
- July 2024: The Lokpal directs Moitra to provide her comments on the CBI's findings.
- November 12, 2024: After granting Moitra an opportunity for a hearing, the Lokpal passes the order granting sanction to the CBI to file a chargesheet.
Moitra's Legal Arguments and the Lokpal's Stance
In her petition, Mahua Moitra has raised significant objections to the procedure followed by the Lokpal. She contends that the sanction order was passed without properly considering her submissions and filings. She argues that this represents a 'gravely prejudicial step' taken against her.
Her plea specifically challenges the Lokpal's interpretation of Section 20(7) of the Lokpal Act. This section mandates that the Lokpal must consider every report from an investigating agency and obtain comments from the competent authority before granting sanction for a chargesheet.
Moitra alleges that the Lokpal treated the process as a mere 'rubber stamping' of the CBI's report rather than applying its mind independently. She claims her arguments were refused consideration at this stage, with the Lokpal reasoning that they would be examined later under Section 20(8) of the Act, which deals with the initiation of prosecution.
The outcome of the November 21 hearing will be a critical juncture in this politically sensitive case, potentially determining the next phase of the legal battle for the TMC MP.
