New Delhi: The Delhi High Court has granted the Lokpal of India an additional two months to conclude its decision on whether sanction ought to be accorded to the Central Bureau of Investigation to file a charge sheet against Trinamool Congress Member of Parliament Mahua Moitra in connection with the alleged cash-for-query controversy. The extension was allowed on an application moved by the Lokpal citing the need for further consideration of the matter.
A Division Bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar made it clear that the time for disposal stood extended strictly by two months and that no further enlargement would be entertained thereafter. The Court underscored the need for procedural finality, given the prolonged pendency of the issue relating to sanction for prosecution.
The present proceedings trace their origin to an earlier judgment of the High Court, which had set aside the Lokpal’s prior order granting sanction to the CBI. In that decision, the Court had held that the Lokpal had misdirected itself in its interpretation and application of the provisions of the Lokpal and Lokayuktas Act, 2013, particularly those governing the grant of sanction for prosecution of public servants. The Bench had consequently remitted the matter to the Lokpal for fresh consideration, directing that the issue of sanction be revisited in accordance with law within a stipulated period.
The allegations against Moitra centre on claims that she received pecuniary benefits in exchange for raising parliamentary questions purportedly on behalf of businessman Darshan Hiranandani. It is alleged that such conduct, if established, could attract offences under the Prevention of Corruption Act, 1988, apart from other penal provisions. Moitra has, however, consistently denied having received any cash gratification. While she has publicly acknowledged sharing her parliamentary login credentials with Hiranandani, she has disputed the inference that this amounted to corrupt consideration or criminal misconduct.
The controversy was triggered by a complaint submitted to the Speaker of the Lok Sabha by BJP Member of Parliament Nishikant Dubey, alleging that Moitra had accepted bribes for asking questions in Parliament. Dubey has claimed that the basis of the complaint lay in information conveyed to him through a letter written by advocate Jai Anant Dehadrai. In response, Moitra issued legal notices to Dubey, Dehadrai, and several media organisations, refuting the allegations and asserting that the claims were false, defamatory, and politically motivated.
With the High Court now granting a final extension, the Lokpal is required to reassess the question of sanction by adhering to the statutory framework and settled judicial principles, including the requirement that sanctioning authorities apply independent mind and record reasons, as emphasised by the Supreme Court in decisions such as Subramanian Swamy v. Manmohan Singh and Mansukhlal Vithaldas Chauhan v. State of Gujarat. The outcome of this exercise will determine whether the CBI can proceed with filing its charge sheet in the matter.
