Cash-for-query row: Moitra's senior counsel withdraws from case after allegations of 'conflict of interest' are made

Trinamool Congress leader and Lok Sabha member Mahua Moitra.

The Delhi High Court on October 20 deferred the hearing in a defamation suit filed by TMC MP Mahua Moitra against BJP’s Nishikant Dubey and advocate Jai Dehadrai after her lawyer, senior avocate Gopal Shankaranarayanan, withdrew from the case, the latest twist in the “cash for query” row.

The case will now be heard on October 31 when the court reopens after the Dusshera break.

Dehadrai, who accused Moitra of cash and gifts for asking questions about the Adani group in Parliament, told the high court that senior counsel Sankaranarayanan had called him on the eve of the hearing and tried to mediate between him and the TMC MP, an offer he turned down.

Justice Sachin Datta said he was “appalled” and asked the senior counsel if he wished to continue with the case. Sankaranarayanan chose to withdraw and asked the court to defer the hearing.

Since Sankaranarayanan is a designated senior counsel, his withdrawal from the case is unlikely to have an effect on conduct of the case itself. As per the advocates act, senior advocates cannot hold 'vakalatnama' or authorisation to appear on behalf of the party. They are engaged by the lawyers to argue a case on their behalf owing to their expertise in the field. A lawyer is designated as a 'senior advocate' by high courts and supreme court based on their practice.

Once a lawyer is designated as a senior advocate, they cannot appear on behalf of a litigating party, they can appear in a case only if they are engaged by the counsel on record. Senior counsels are engaged on a hearing to hearing basis and not on a case to case basis.

In Mahua Moitra's case, Sankaranarayanan was engaged by the lawyers on record to argue the case. On Sankaranarayanan's withdrawal, Moitra's lawyers can choose to engage another senior counsel to appear for her. Sankaranarayanan regularly appears in the Supreme Court and other high courts for Trinamool Congress.

The defamation suit was filed against the BJP MP and Dehadrai after they alleged that the Trinamool Congress leader took cash and gifts from businessman Darshan Hiranandani to ask questions in Parliament about the Adani group to malign Prime Minister (PM) Narendra Modi and home minister Amit Shah.

Refuting the charges, Moitra has described Dehadrai, a Supreme Court lawyer, as a “jilted ex” who was trying to get back at her. The two have been involved in a legal tussle over their pet Rottweiler — Henry.

But a day before the hearing, there was a fresh twist in the case when a purported statement released by Hiranandani reiterated the charges. Moitra dismissed the statement and said it was done under pressure from the prime minister's office.

Darsh Hiranandani is the CEO of the real estate and infrastructure company Hiranandani Group, which the Hiranandani family privately holds. He is also the CEO of the Hiranandani family office, Nidar Group.

'Cash for query' storm

Late last week, Dubey wrote to Lok Sabha Speaker Om Birla, saying an inquiry committee should be set up to look into accusations against Moitra. He also demanded her immediate suspension from the House, alleging that "bribes were exchanged between businessman Darshan Hiranandani and her to ask questions in Parliament in exchange for cash and gifts".

Dubey and Moitra have been involved in a long-running tussle, with the TMC leader questioning the BJP MP's educational qualifications on several occasions.

In his letter, Dubey also cited the complaint by Dehadrai, a copy of which was also sent to him. Dehadrai sent his complaint to the CBI.

On October 16, the Adani group said in a statement, "In this particular case, the lawyer's complaint reveals that this arrangement to besmirch the reputation and interests of the Adani Group and our Chairman Gautam Adani has been in place since 2018."

The Hiranandani group had then denied the allegations, saying they had "no merit".

Hiranandani 'statement'

But on October 19, in a statement, widely shared by media, Hiranandani admitted using Moitra’s parliamentary login credentials to ask questions after state-owned Indian Oil Corporation (IOC) booked capacity at the Adani's Gujarat-based Dhamra LNG import facility in Odisha and not at his firm’s planned unit.

Hiranandani alleged that Moitra "made frequent demands" for "expensive luxury items, providing support on the renovation of her officially-allotted bungalow in Delhi, travel expenses, holidays, etc, apart from providing secretarial and logistical help for her travels within India and to different parts of the world".