In a major legal relief to Trinamool Congress (TMC) MP Mahua Moitra, the Delhi High Court on Friday (December 19) quashed the Lokpal order in the cash-for-query case, allowing the CBI to file a chargesheet against her. The High Court said that the Lokpal did not properly understand the provisions of the Lokpal and Lokayukta Act, 2013 and made errors in the process.
A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, while accepting Mahua Moitra’s plea, directed the Lokpal to reconsider the case within a month. The order was passed by the full bench of the Lokpal on November 12, granting liberty to the CBI to file a charge sheet under Section 20(7)(a) and Section 23(1) of the Act.
The High Court held that the process based on which the Lokpal allowed filing of the charge sheet was not in accordance with the law. According to the court, the Lokpal was required to duly consider the written reply and material given by the person concerned, which was not done in this case.
Senior advocate Nidhesh Gupta, appearing for Mahua Moitra, argued that the Lokpal’s order is contrary to the principles of natural justice and the provisions of the Act. He said that before taking any decision under Section 20(7)(a), it is mandatory for the Lokpal to consider the objections and material presented by the person concerned. Gupta told the court, “There is not a single word of consideration of my client’s material in the Lokpal’s order. It appears as if the Lokpal is reading some other law.”
Opposing Mahua Moitra’s petition, Additional Solicitor General (ASG) S. V. Raju said that the Lokpal’s order was in accordance with the law. He argued that limited rights are given to the accused under the Act and oral hearing is not mandatory before sanctioning the charge sheet. According to Raju, “Comments were sought, which is sufficient under the law. Despite this, the Lokpal also granted oral hearing.”
BJP MP Nishikant Dubey, while submitting the complaint to the Lok Sabha Speaker, had accused Mahua Moitra of sharing her parliamentary log-in credentials with industrialist Darshan Hiranandani, raising questions related to parliamentary privileges and national security. Mahua Moitra had admitted to sharing the login, but denied allegations of accepting any cash or gifts. At present, after the decision of Delhi High Court, this matter is again under the consideration of Lokpal and further action will depend on its reconsideration.
Also read:
New photos of Epstein estate made public: From Bill Gates to ‘Lolita’ quotes, many shocking revelations
Violent protests intensify in Bangladesh: ‘No law and order left, Yunus is supporting’
ED tightens its grip on Donkey Route Syndicate, raids 13 locations
Comments are closed.