The Delhi High Court on Friday set aside an order of the Lokpal granting sanction to the CBI to file a chargesheet against Trinamool Congress MP Mahua Moitra in the alleged cash-for-query scam.
A bench of justices Anil Kshetarpal and Harish Vaidyanathan Shankar, while pronouncing the order in Moitra's plea, said "The order is set aside. We have requested the Lokpal to accord consideration for grant of sanction under Section 20 of the Lokpal and Lokayuktas Act in accordance with the relevant provisions within one month".
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.
Moitra's counsel had contended that there was clear infirmity in the procedure adopted by the Lokpal. He had referred to Section 20(7) of the Lokpal and Lokayuktas Act saying it demands that comments of public servants be obtained before granting sanction.
The plea was opposed by the CBI, which had argued 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.
Moitra has also sought to restrain the 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 Moitra 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, according to officials.
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