Cash-for-Query Case: Delhi High Court Sets Aside Lokpal Order Against Mahua Moitra

In a significant legal relief for Trinamool Congress MP Mahua Moitra, the Delhi High Court on Friday set aside a Lokpal order that had allowed the Central Bureau of Investigation (CBI) to file a chargesheet against her in the alleged cash-for-query case.

A division bench comprising Justices Anil Kshetarpal and Harish Vaidhyanathan Shankar ruled that the Lokpal had committed an error in granting sanction for prosecution without adequately addressing the submissions made by the MP. The court observed that the watchdog failed to follow the principles of natural justice while passing its earlier order.

As part of its ruling, the High Court directed the Lokpal to re-examine the matter afresh and pass a reasoned and speaking order within one month. Until then, the CBI cannot proceed further on the basis of the earlier sanction.

The case relates to allegations that Mahua Moitra accepted cash and gifts from businessman Darshan Hiranandani in exchange for raising questions in Parliament. Based on these accusations, the Lokpal had, on November 12, granted the CBI permission to file a chargesheet against the Trinamool Congress leader.

Challenging that order, Moitra approached the Delhi High Court, arguing that the Lokpal ignored her detailed submissions and cleared prosecution without giving her a fair hearing. She contended that the decision violated basic procedural safeguards and amounted to a mechanical approval of the investigative agency’s request.

During earlier hearings, the CBI had opposed Moitra’s plea, describing her challenge as “frivolous” and maintaining that she was not entitled to be heard before the Lokpal granted sanction. This led to sharp exchanges in court over the scope of an accused’s rights at the sanction stage and the procedural duties of the anti-corruption watchdog.

In its order, the High Court disagreed with the Lokpal’s approach, holding that the sanctioning authority must apply its mind and consider the defence raised before allowing prosecution, especially in cases involving elected representatives. The bench stressed that sanction orders cannot be passed in a cursory manner and must reflect independent reasoning.

The ruling is likely to have wider implications for how the Lokpal handles sanction requests in politically sensitive cases. Legal experts say the judgment reinforces the requirement for transparency and fairness in anti-corruption proceedings, particularly when they involve sitting Members of Parliament.

Mahua Moitra, who was expelled from the Lok Sabha earlier over the controversy, has consistently denied the allegations and claimed that the case is politically motivated. The High Court’s decision is expected to strengthen her legal position as the Lokpal is now required to reassess the matter from scratch.