The Delhi High Court has set aside the sanction granted by the Lokpal that had permitted the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress (TMC) MP Mahua Moitra in connection with the alleged cash-for-query case, granting her significant procedural relief.
In its ruling, the High Court held that the Lokpal’s order authorising prosecution was vitiated by procedural infirmities and did not meet the legal requirements laid down under the Lokpal and Lokayuktas Act, 2013. The court observed that while Moitra had been given an opportunity to submit her response and was even granted an oral hearing, the Lokpal failed to meaningfully consider her detailed submissions before granting sanction to the CBI.
The bench emphasised that Section 20(7) of the Act mandates the Lokpal to carefully evaluate the material on record as well as the public servant’s representation before deciding whether prosecution should be sanctioned. In this case, the High Court found that the Lokpal’s order lacked adequate reasoning and did not demonstrate due application of mind to Moitra’s defence, rendering the sanction legally unsustainable.
Consequently, the court quashed the Lokpal’s sanction order and remanded the matter back to the anti-corruption ombudsman for fresh consideration. The Lokpal has been directed to re-examine the issue independently, in accordance with law, and to pass a reasoned decision within a specified time frame.
The case arises from allegations that Mahua Moitra accepted cash and other benefits from businessman Darshan Hiranandani in exchange for raising questions in Parliament. Moitra has consistently denied receiving any cash or gifts, though she has acknowledged sharing her parliamentary login credentials, an act she has maintained did not amount to criminal wrongdoing.
The High Court’s ruling does not amount to a clean chit but provides Moitra interim relief, as the CBI cannot proceed with or rely upon the chargesheet unless a valid prosecution sanction is granted afresh. The outcome now hinges on the Lokpal’s reconsideration of the matter and whether it can lawfully justify granting sanction after addressing the procedural shortcomings highlighted by the court.
Overall, the judgment underscores the judiciary’s insistence on strict adherence to due process, especially in cases involving the prosecution of elected representatives, and reiterates that statutory safeguards cannot be reduced to mere formalities.
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