In a significant legal relief to Trinamool Congress (TMC) MP Mahua Moitra, the Delhi High Court  stayed the decision of the Lokpal regarding CBI’s sanction to the chargesheet filed against the MP. According to reports, the court stated that the anti-corruption watchdog was incorrect in its decision and asked it to revisit it in one month.

The court decision, announced by a division bench of judges Anil Kshetarpal and Harish Vaidyanathan Shankar, sets aside the November 12 order, which paved the way for the Central Bureau of Investigation (CBI) prosecution of the Krishnanagar MP in the controversial ‘cash-for-query’ case.

“Impugned Order Set Aside”: The Court’s Decision

The High Court primarily emphasized the procedural irregularities brought up by the legal team of Moitra concerning her right to be heard prior to the granting of a prosecution sanction.

Fresh Considerations: The court ordered a fresh consideration on the aspect of sanction by the Lokpal in accordance with Section 20 of the Lokpal and Lokayuktas Act, 2013.

Timeline: The Lokpal has been given a month’s time to reconsider taking a fresh decision after proper assessment of the facts available on record.

Argument from Defense: Senior Advocate Nidhesh Gupta, appearing for Moitra, urged that “the Lokpal had rubber-stamped the report of CBI without taking into account Moitra’s written and oral submissions.”

“Our case is the only one where they said they’ll only see the prayers of the CBI. My right to be considered for closure is being denied by not considering any of my documents,” Gupta argued.

CBI’s Counter-Rebuttal: ASG SV Raju labelled the plea “frivolous” and asserted that this act gives persons a “limited right” to make comments. In reality, ASG SV Raju admitted that Lokpal had overstepped the act when it granted Moitra an oral hearing, but the sanction was valid under section 20(7)(a) of the Act.