The Delhi High Court has set aside the Lokpal's sanction to charge Mahua Moitra, citing a procedural failure to consider her submissions as required by law. (Express Photo)
The Delhi High Court on Friday set aside an order of the Lokpal that had granted sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against TMC Lok Sabha MP Mahua Moitra in relation to the cash-for-query row.
Moitra, in a plea before the Delhi HC, had challenged the Lokpal’s November 12 order, primarily on the ground that it was passed without taking into consideration her submissions and filings before the anti-corruption ombudsman in violation of the prescribed procedure under Section 20 (7) of the Lokpal Act.
A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, pronouncing the verdict in open court, also remanded the matter back to Lokpal to reconsider the aspect of grant of sanction as per the provisions of the Act, and take a decision in a month’s time.
Section 20 (7) of the Act deals with the Lokpal’s grant of sanction to its prosecution wing or probe agency to file a chargesheet; direct closure of report before a special court against a public servant; or direct the competent authority to initiate departmental proceedings or other action against a public servant only after Lokpal considers “every report received by it… from any agency (including the Delhi Special Police Establishment) and after obtaining the comments of the competent authority”.
Moitra had argued that the sanction to file the chargesheet, in effect, makes it a sanction to prosecute. She said under the provisions of the Lokpal Act, when comments are called for, “intent of legislature is you’ll consider it, and not just receive it”.
According to Moitra, the Lokpal refused to consider her submissions while issuing the sanction order, with the Lokpal reasoning that her submissions would be considered at a later stage, under Section 20(8) of the Lokpal Act.
Moitra is accused of allegedly sharing her Parliament login credentials with businessman Darshan Hiranandani for bribes, both in terms of cash and expensive gifts. The TMC MP had admitted she gave her Parliament login and password details to Hiranandani but denied taking any cash from him.
BJP MP Nishikant Dubey had complained to the Lokpal of India in October 2023, accusing Moitra for taking cash for bribes. Following this, the Lokpal had directed CBI to conduct a preliminary enquiry (precursor to an FIR) in the matter.
In February 2024, the CBI submitted its report. In March 2024, the Lokpal ordered a formal investigation by the CBI into the complaint.
The CBI submitted the report to Lokpal in June 2025. The next month, Moitra was directed by the Lokpal to provide her comments to the CBI’s investigation report. After granting Moitra an opportunity of hearing, the Lokpal passed the sanction order on November 12.
