Cash for query scam: SC seeks Mahua Moitra's response on Lokpal plea challenging Delhi HC's judgment

New Delhi: The Supreme Court on Friday sought a response from Trinamool Congress MP Mahua Moitra on a plea filed by the Lokpal challenging the Delhi High Court's judgment, which held that separate sanctions for the filing of a chargesheet and initiating prosecution are not contemplated by the Lokpal and Lokayuktas Act, 2013.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to Moitra, the CBI and BJP MP and complainant Nishikant Dubey on the Lokpal’s plea.

The bench stayed part of the December 2025 order of the High Court which permitted the Lokpal to consider granting sanction to the CBI to file a chargesheet against Trinamool Congress MP Mahua Moitra in the cash-for-query scam.

In an interim order, the bench clarified that the Lokpal need not take a decision on sanction for prosecution as directed in paragraph 89 of the high court's order.

The high court then set aside an order of the Lokpal granting sanction to the CBI to file a chargesheet against Moitra.

"The Lokpal is requested to accord its consideration for grant of sanction under Section 20 of the Lokpal Act, strictly in accordance with provisions thereof as construed, within a period of one month from today," the high court had said.

The court stayed paragraph 89 of the high court judgment while issuing notices on a batch of pleas related to the power and procedures enumerated under Section 20 of the Lokpal Act.

Senior advocate Ranjit Kumar, for Lok Pal, contended that his client was aggrieved by the interpretation the high court gave to the Lokpal Act and was not concerned with any particular individual.

Solicitor General Tushar Mehta for the CBI supported the high court's interpretation saying that Moitra needs to be investigated.

Mehta submitted that the essential question was whether two rounds of sanctions were contemplated, one for filing the chargesheet and the second for initiating prosecution. Senior advocate Nidhesh Gupta, for Mahua Moitra, submitted that a status quo must be ordered.

The court also issued notice on petitions filed by the Lokpal against other high court judgments adopting a similar view.

The cash-for-query case pertained to the allegation that Moitra asked questions in the Lok Sabha in exchange for cash and gifts from a businessman, Darshan Hiranandani.

On December 8, 2023 the Lok Sabha passed a resolution to expel Moitra from Parliament in view of the Ethics Committee recommending her disqualification as an MP from Krishnanagar in West Bengal.

The high court's order was passed on Moitra's plea challenging the November 12, 2025 decision of the Lokpal granting sanction to the CBI to file the chargesheet against her. The Lokpal moved the apex court after the high court set aside its order.