The Delhi High Court on Friday quashed the Lokpal order granting sanction to the CBI to charge-sheet Trinamool Congress MP Mahua Moitra in the alleged poll money scam.
A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, while passing the order on Moitra’s plea, said, “The order is set aside. We have asked the Lokpal to consider the grant of sanction under Section 20 of the Lokpal and Lokayuktas Act within one month in accordance with the relevant provisions”.
The question money scam relates to allegations that Moitra asked questions in the House in exchange for cash and gifts from a businessman.
Lawyer Mahua Moitra argued that there was a glaring flaw in the procedure adopted by the Lokpal. He referred to Section 20(7) of the Lokpal and Lokayuktas Act and said that it requires comments from civil servants to be obtained before sanctioning.
The objection was opposed by the CBI, which argued that Moitra had no right to produce documents in the Lokpal proceedings and was entitled only to make submissions and not even an oral hearing.
Moitra also sought to restrain the CBI from taking any steps in support of the sanction order, including but not limited to filing any charge sheet during the pending proceedings.
The CBI submitted its report to the Lokpal in July in connection with the alleged inquiry money fraud case involving Moitra and businessman Darshan Hiranandani.
The agency registered an FIR on 21 March 2024 against the two under the provisions of the Prevention of Corruption Act on a recommendation from the Lokpal.
It was alleged that Moitra indulged in corrupt practices, including accepting bribes and other improper benefits from Hiranandani for “compromising her parliamentary privileges and endangering national security by sharing her Lok Sabha credentials”.
The agency has submitted its findings in the case to the Lokpal, which officials say will decide on the further course of action in the case.
