The Supreme Court on Friday stayed a portion of a Delhi High Court order from December 19 that had directed the Lokpal to reconsider sanctioning the Central Bureau of Investigation to file a chargesheet against Trinamool Congress MP Mahua Moitra in an alleged cash-for-query scam, PTI reported.
A bench comprising Chief Justice Surya Kant and Justice Joymala Bagchi issued notices seeking responses from Moitra, the CBI and the complainant, Bharatiya Janata Party MP Nishikant Dubey.
The Lokpal approached the Supreme Court against the Delhi High Court verdict, which had set aside the anti-corruption ombudsman’s order allowing the CBI to file a chargesheet against Moitra.
The High Court had held that the Lokpal incorrectly interpreted the Lokpal Act as creating two provisions for sanction: one under Section 20(7)(a) for filing a chargesheet, and another under Section 20(8) for launching prosecution, according to Live Law.
It held that the Act lays down only one composite stage of sanction for prosecution, and that Section 20(8) merely allows the Lokpal to direct which agency should carry out the prosecution. The High Court noted that the Lokpal had “departed from the prescribed statutory procedure” and had sought to restructure the procedure laid down by Parliament, Live Law reported.
In its Supreme Court petition, the Lokpal challenged this interpretation. On Friday, the Supreme Court agreed to examine the matter, and said the Lokpal need not decide on sanction for prosecution as directed by the High Court.
Lawyer Ranjit Kumar, representing the Lokpal, told the court that the ombudsman was only challenging the High Court’s interpretation and was not concerned about any individual, according to Live Law.
Solicitor General Tushar Mehta said that the CBI supported the High Court’s interpretation, but added that Moitra needed to be investigated.
The case against Moitra stems from allegations that she shared her login credentials to the Parliament website with businessman Darshan Hiranandani and accepted gifts in exchange for asking questions in the Lok Sabha.
Moitra has admitted to sharing her Parliament login details with Hiranandani but denied receiving any cash or gifts.
The allegations against the Trinamool Congress MP were made in October 2023 by Dubey and advocate Jai Anant Dehadrai, her former partner. Dubey also filed a complaint with the Lokpal, accusing Moitra of taking cash for bribes.
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