New Delhi [India], November 18 : The Delhi High Court on Tuesday said it required time to examine the Lokpal's order granting sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress (TMC) MP Mahua Moitra in the alleged cash-for-query case.
The court fixed the matter for hearing on November 21, after receiving the Lokpal's order in a sealed envelope earlier in the day.
During the short hearing on Tuesday, Moitra's counsel argued that her (Mahua) submissions had not been considered by the Lokpal while passing the sanction order.
Her lawyer pointed out that Section 20 of the Lokpal Act requires the Lokpal to consider the comments of the public servant concerned before granting sanction for prosecution, something he said had not been done in Moitra's case.
The Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar questioned the grievance raised by Moitra's side. "Your grievance is that your views were not considered?" the court asked.
Her counsel responded, "Yes, and there are other issues also," before reading excerpts from the Lokpal order.
At this point, the Bench said, "You cannot take something from the order in isolation and consider it. We have to go through the full order, which is in a sealed cover," the court observed, before adjourning the matter to Friday.
Moitra has approached the High Court challenging the November 12 sanction granted by the Lokpal of India permitting the CBI to file a chargesheet within one month. She claims the sanction was issued without considering her defence, despite the Lokpal having invited her to submit written comments and present oral arguments on the CBI's investigation report.
According to the petition, the Lokpal dismissed her submissions as "premature" even after expressly seeking them. This, Moitra contends, is a violation of natural justice and contrary to the framework under the Lokpal and Lokayuktas Act.
She also states that the sanction order reduces the Lokpal to a mere "rubber stamp" for the CBI, instead of performing its independent statutory role of assessing the evidence placed before it.
The plea recounts that the controversy began with allegations of corruption raised in October 2023 by advocate Jai Anant Dehadrai in a letter to MP Nishikant Dubey. The complaint was forwarded to the Lokpal on October 21, 2023, after which the Lokpal referred the matter to the CBI for a preliminary enquiry.
The CBI submitted its preliminary report in February 2024, following which the Lokpal ordered further investigation. A detailed investigation report was filed by the CBI on June 30, the plea stated.
In July, Moitra was asked to file her comments on the report. She sought more time, access to the documents relied upon by the CBI, and permission to make oral submissions. Her requests were accepted, and the Lokpal heard oral arguments in October, including submissions from the complainant. The Lokpal reserved its order and eventually granted sanction on November 12.
The petition states that Section 20(7) of the Lokpal Act mandates that the Lokpal must independently determine whether a chargesheet should be filed, whether a closure report is appropriate, or whether departmental proceedings should be initiated.
Moitra alleges that by ignoring her defence entirely, the Lokpal foreclosed the statutory possibility of a closure report and failed to take a reasoned, balanced decision. She has therefore requested the Delhi High Court to quash the sanction order, calling it arbitrary, unlawful, and violative of natural justice.