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Trinamool Congress (TMC) MP Mahua Moitra has approached the Delhi High Court challenging the November 12 sanction granted by the Lokpal of India permitting the Central Bureau of Investigation (CBI) to file a chargesheet against her within a month in the alleged cash-for-query case.
The petition states that the Lokpal's approval, communicated through a letter dated November 14, was granted without considering her defence, despite the fact that she had been asked to submit written comments and present oral arguments on the CBI's investigation report. Moitra alleges that the Lokpal ignored her submissions altogether, terming them "premature" after having specifically invited them. This, the petition claims, amounts to a gross violation of natural justice and is contrary to the provisions of the Lokpal Act. According to her, the sanction order effectively reduces the Lokpal to a mere "rubber stamp" of the CBI, instead of exercising its independent statutory duty to evaluate the material placed before it. The petition sets out the background of the complaint, beginning with allegations of corruption made in October 2023 by Jai Anant Dehadrai in a letter to MP Nishikant Dubey. This was followed by the complaint reaching the Lokpal on October 21, 2023, after which the Lokpal referred it to the CBI for a preliminary enquiry. The CBI submitted its preliminary report in February 2024, and the Lokpal later directed further investigation, which culminated in the CBI submitting a detailed investigation report on June 30. In July this year, Moitra was directed to file her comments on the investigation report. She then filed applications seeking time, access to documents relied upon by the CBI, and permission to make oral submissions. The Lokpal allowed her request and heard oral arguments in October. The complainant was also given an opportunity to present submissions. After reserving the matter for orders, the Lokpal ultimately granted sanction to prosecute her on November 12. The petition states that Section 20(7) of the Lokpal Act requires the Lokpal to independently decide whether a chargesheet should be filed, whether a closure report may be appropriate, or whether departmental proceedings should be initiated. Moitra contends that by ignoring her defence completely, the Lokpal foreclosed the possibility of a closure report and failed to comply with its statutory obligation to take a reasoned, balanced decision. In her plea, Moitra has requested the Delhi High Court to quash the sanction order and declare that the Lokpal acted arbitrarily and in violation of both statutory requirements and the principles of natural justice. (ANI)
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