Supreme Court Halts Delhi High Court Ruling on Mahua Moitra's Cash-for-Query Case

Supreme Court's Intervention in Cash-for-Query Case

On Friday, the Supreme Court intervened by suspending part of a ruling from the Delhi High Court that had instructed the Lokpal to reassess its decision regarding the Central Bureau of Investigation's (CBI) request to file charges against Trinamool Congress MP Mahua Moitra in a purported cash-for-query scandal.

A bench led by Chief Justice Surya Kant and Justice Joymala Bagchi issued notices to Moitra, the CBI, and the complainant, Bharatiya Janata Party MP Nishikant Dubey, seeking their responses.

The Lokpal had appealed to the Supreme Court following the High Court's decision, which invalidated the Lokpal's authorization for the CBI to proceed with charges against Moitra.

The High Court determined that the Lokpal had misinterpreted the Lokpal Act, suggesting it created two distinct provisions for sanction: one for chargesheets under Section 20(7)(a) and another for prosecution under Section 20(8), as reported by a legal news source.

It concluded that the Act only establishes a single stage for sanctioning prosecution, with Section 20(8) merely designating the agency responsible for prosecution. The High Court criticized the Lokpal for deviating from the established statutory process and attempting to alter the procedure set by Parliament.

In its petition to the Supreme Court, the Lokpal contested this interpretation. The Supreme Court agreed to review the case and indicated that the Lokpal need not follow the High Court's directive regarding prosecution sanction.

Ranjit Kumar, representing the Lokpal, clarified that the ombudsman was solely disputing the High Court's interpretation and was not focused on any individual case.

Solicitor General Tushar Mehta stated that while the CBI supported the High Court's interpretation, it was essential to investigate Moitra further.

The allegations against Moitra involve claims that she provided her login credentials for the Parliament website to businessman Darshan Hiranandani and accepted gifts in return for posing questions in the Lok Sabha.

Moitra has acknowledged sharing her Parliament login information with Hiranandani but has denied receiving any cash or gifts.

The accusations against the Trinamool Congress MP were brought to light in October 2023 by Dubey and advocate Jai Anant Dehadrai, her former associate. Dubey also lodged a complaint with the Lokpal, alleging that Moitra accepted cash for bribes.