Cash for query: CBI opposes Mahua Moitra's plea against Lokpal order

New Delhi: The CBI on Friday opposed in the Delhi High Court Trinamool Congress MP Mahua Moitra's plea challenging a Lokpal order granting sanction to the CBI to file a charge sheet against her in the alleged cash for query scam.

The CBI contended that Moitra has no right to produce documents in the Lokpal's proceedings and she is only entitled to give comments and not even an oral hearing.

"But still the Lokpal went ahead and gave her an oral hearing. The Lokpal can then grant sanction to file a charge sheet, which has been done in this case," Additional Solicitor General S V Raju, appearing for CBI, submitted before a bench of justices Anil Kshetarpal and Harish Vaidyanathan Shankar.

The cash-for-query scam pertains to the allegation that Moitra had asked questions in the House in exchange for cash and gifts from a businessman.

The high court, after hearing the submissions of the parties, reserved its verdict on Moitra's plea.

Raju further said that the limited right Moitra has is to offer comments but she was heard before the Lokpal which was over and above the mechanism stipulated under the Lokpal Act.

Terming the petition to be frivolous, he said it does not even warrant issuance of notice.

Senior advocate Nidhesh Gupta, appearing for Moitra, contended that there was clear infirmity in the procedure adopted by the Lokpal.

Moitra, also represented by advocate Samudra Sarangi, referred to Section 20(7) of the Lokpal and Lokayuktas Act saying it demands that comments of public servants be obtained before granting sanction.

"But the Lokpal said 'I would not see any material at all' and granted sanction to file the charge sheet which is in the teeth of the statue," Gupta said.

Moitra, in her plea, has sought the setting aside of the November 12 order of the Lokpal by which sanction was granted to the CBI, claiming that it was erroneous, de hors the provisions of the Lokpal Act and a gross violation of principles of natural justice.

The plea alleged that arguments and submissions were invited from her and then completely ignored before issuing the sanction order under the Lokpal Act, on the ground that they were premature and would be considered at a subsequent stage.

It said the sanction order reduced the role of the Lokpal to merely "rubber-stamping of the investigation report", without considering any defence whatsoever being offered by Moitra and granting sanction to file a charge sheet.

"The Lokpal not only has the power to direct filing of a closure report under Section 20(7)(a) of the Lokpal Act, but has a duty to fairly consider the defence of the RPS (respondent public servant) at this stage itself so that a fair and reasoned decision is taken on whether the case necessitates the filing of a charge sheet or a closure report," the Lok Sabha MP said in her petition.

It further said that the Lokpal has closed the door on the filing of a closure report without even considering the arguments and defence of Moitra, and instead summarily accorded sanction for the filing of a charge sheet to her prejudice.

In the interim, Moitra has sought a stay on the sanction order.

She has also sought to restrain CBI from taking any steps in furtherance of the sanction order, including but not limited to filing any chargesheet during the pendency of the present proceedings.

The CBI in July submitted its report to the Lokpal in connection with the alleged cash-for-query scam case involving the Trinamool Congress (TMC) leader and businessman Darshan Hiranandani.

The agency had registered an FIR on March 21, 2024, against the two under provisions of the Prevention of Corruption Act on a reference from the Lokpal.

It was alleged that Moitra indulged in corrupt practices, including, but not limited to, taking bribes and other undue advantages from Hiranandani for "compromising her parliamentary privileges and causing national security threats by sharing her Lok Sabha login credentials." The agency has submitted its findings in the case to the Lokpal, which will decide the further course of action in the case, the officials had said.

Moitra, who represented Krishnanagar seat in the last Lok Sabha, was expelled from the House in December 2023 for "unethical conduct", which she has challenged in the Supreme Court.

She defeated her rival, BJP's Amrita Roy, in the 2024 general elections, retaining her seat in the 18th Lok Sabha.

The Lokpal, the anti-corruption ombudsman, issued directions to the CBI after receiving the findings of its preliminary inquiry into allegations made against Moitra by BJP MP Nishikant Dubey.

Dubey had alleged that Moitra had asked questions in the House in exchange for cash and gifts from Dubai-based businessman Darshan Hiranandani to mount an attack on industrialist Gautam Adani and Prime Minister Narendra Modi, among others.