Moitra’s plea reported in media before we could take it up: HC

The Delhi High Court on Tuesday expressed concern that Trinamool Congress MP Mahua Moitra’s petition challenging the Lokpal’s sanction granted to the CBI had already been reported in the media even before the Bench could take up the matter.

The plea, which questions the legality of the Lokpal’s November 12 order permitting CBI to file a chargesheet against her in the alleged cash-for-query case, came up before a Division Bench, but was not heard on merits.

A Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar noted that details of the petition were circulating publicly and adjourned the case to November 21. Justice Shankar remarked that the matter was “already in the media”.

Moitra has assailed the Lokpal’s decision authorising CBI to proceed with a chargesheet, arguing that the order was issued without considering her written and oral submissions. The Bench said it required time to read the impugned order, which was handed over in a sealed envelope.

The Court recorded that the envelope contained the Lokpal order, along with supporting documents, and posted the matter for November 21 to allow the judges to examine the material.

Senior Advocate Nidhesh Gupta, representing Moitra, submitted that the Lokpal had disregarded statutory safeguards by declining to consider her comments at the stage of first sanction, indicating that her response would only be taken up later.

In its November 12 decision, the Lokpal invoked Section 20(7)(a) read with Section 23(1) of the Lokpal and Lokayuktas Act to permit CBI to file a chargesheet within four weeks, directing that a copy be placed before it. This followed earlier directions under Section 20(3)(a) requiring CBI to investigate all aspects of the allegations and report within six months.

The proceedings arise from BJP MP Nishikant Dubey’s complaint alleging that Moitra received cash and high-value gifts from Dubai-based businessman Darshan Hiranandani in exchange for raising certain parliamentary questions.

In her petition, Moitra has said the Lokpal’s order violates the Lokpal and Lokayuktas Act, 2013, and breaches principles of natural justice, contending that her submissions were ignored. She has sought an urgent stay on the order, warning that once CBI files a chargesheet, the plea would be rendered largely infructuous.