The Delhi High Court on Friday quashed the Lokpal's order granting sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress MP Mahua Moitra in the alleged cash-for-query scandal. A bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar directed the Lokpal to reconsider the sanction application under Section 20 of the Lokpal and Lokayuktas Act within one month, in strict compliance with statutory provisions.
Moitra's legal team argued that the Lokpal's decision suffered from procedural irregularities, particularly violating Section 20(7) of the Act, which mandates obtaining comments from the concerned public servant before granting sanction. The court accepted this contention, setting aside the previous order and emphasising adherence to due process.
The CBI opposed the petition, maintaining that Moitra possessed no right to submit documents during Lokpal proceedings and was entitled only to written comments, without provision for oral hearing. Despite these arguments, the court ruled in favour of Moitra and requested a fresh consideration of the sanction request.
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The case revolves around allegations that Moitra accepted cash and gifts from businessman Darshan Hiranandani in exchange for raising questions in Parliament. The CBI registered an FIR against Moitra and Hiranandani in March 2024 under the Prevention of Corruption Act, following a Lokpal reference, and submitted its investigation report in July.
With the Lokpal's sanction now invalidated, the CBI cannot proceed with filing a chargesheet until a new decision is reached. Moitra had additionally sought interim restraints on further investigative steps, highlighting the need for procedural fairness in anti-corruption proceedings involving public representatives.
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