Delhi High Court Cancels Lokpal Order Against MP Mahua Moitra

Court Ruling on Lokpal's Order

The Delhi High Court provided relief to Trinamool Congress MP Mahua Moitra on Friday by overturning a Lokpal order that had allowed the CBI to file charges in a case involving alleged bribery for asking questions.

The court noted that there was a "clear deviation" from the mandatory procedures outlined in the Lokpal and Lokayuktas Act, indicating that the Lokpal misinterpreted the provisions of the law.

The bench, comprising Justice Anil Khetarpal and Justice Harish Vaidyanathan Shankar, stated, "The manner in which the proceedings were conducted is neither envisaged by law nor necessary for the proper discharge of Lokpal's functions."

Concerns Over Procedural Integrity

In their 44-page ruling, the bench remarked that the adopted procedure appeared to be a form of legal manipulation or restructuring of the Lokpal Act, resulting in a process inconsistent with the Act's objectives and clear provisions.

The court declared, "This order is hereby quashed. We have requested the Lokpal to consider granting approval under Section 20 of the Lokpal and Lokayuktas Act within a month."

Allegations Against Moitra

The case revolves around allegations that Moitra accepted cash and gifts from a businessman in exchange for posing questions in the House.

Moitra's attorney argued that there were significant flaws in the procedure adopted by the Lokpal, citing Section 20(7) of the Lokpal and Lokayuktas Act, which mandates consulting public servants before granting approval.

CBI's Position on the Matter

The Central Bureau of Investigation (CBI) opposed this petition, asserting that Moitra had no right to present documents in the Lokpal proceedings and was only entitled to make comments, without any right to oral hearings.

Moitra also sought to prevent the CBI from taking any action following the approval order. In July, the CBI submitted a report to the Lokpal regarding the alleged bribery case involving Moitra and businessman Darshan Hiranandani.

Next Steps in the Investigation

The central agency had registered an FIR against both parties on March 21, 2024, under the provisions of the Prevention of Corruption Act at the Lokpal's request.

It was alleged that Moitra engaged in corrupt conduct by accepting bribes and other undue benefits from Hiranandani. According to officials, the CBI has submitted its investigation report to the Lokpal, which will determine the next course of action in this case.