The Supreme Court of India on Friday temporarily halted proceedings in the cash-for-query case involving Mahua Moitra and agreed to examine key provisions of the Lokpal and Lok Ayuktas Act, 2013 related to sanction for prosecution.
The court issued a notice to the Trinamool Congress leader while hearing a petition filed by the Lokpal of India challenging a recent judgment of the Delhi High Court.
SC to Examine Interpretation of Lokpal Act
The High Court had ruled that the Lokpal Act does not envisage separate approvals for filing a chargesheet and initiating prosecution. According to the court, sanction under Section 20 of the law is granted in a composite manner only for prosecution.
Based on that interpretation, the High Court had quashed the sanction granted by the Lokpal to the Central Bureau of Investigation to file a chargesheet against Moitra in the alleged cash-for-query case. It had also directed the anti-corruption body to reconsider the matter.
Challenging this interpretation, the Lokpal moved the Supreme Court.
Interim Relief for Moitra
While agreeing to examine the legal question, the Supreme Court passed an interim order clarifying that the Lokpal does not need to decide on sanction for prosecution as directed in the High Court’s judgment.
The bench, led by Surya Kant and Justice Joymalya Bagchi, also expressed preliminary reservations about the High Court’s reasoning.
The judges indicated that the issue requires a closer examination of the interaction between Sections 20(7)(a) and 20(8) of the Lokpal Act.
Allegations in the Cash-for-Query Row
Moitra faces allegations that she accepted money to raise questions in Parliament on behalf of businessman Darshan Hiranandani.
In an interview with The Indian Express, Moitra acknowledged that she had shared her Parliament login credentials with Hiranandani but denied receiving any cash.
The controversy surfaced after Nishikant Dubey wrote to the Lok Sabha Speaker alleging that Moitra accepted bribes in exchange for raising questions in the House.
Dubey said the allegations were based on a letter sent to him by advocate Jai Dehadrai.
Moitra later issued a legal notice to Dubey, Dehadrai and several media organisations, denying all allegations made against her.
