The Supreme Court, on January 3, asked the secretary general of Lok Sabha to file a response to the plea filed by Mahua Moitra, a former Member of Parliament expelled from the Trinamool Congress, challenging her removal from the Lok Sabha.
The court also refused to grant any interim relief to Moitra, though not dismissing her application for the same.
The court has asked the secretary general to file a response to Moitra's plea in three weeks. The case is now likely to come up for a hearing in March. Furthermore, the apex court noted that the petition has raised several significant matters, yet it will abstain from expressing opinions on the merits of the case.
Senior advocate Abhishek Manu Singhvi, who appeared for Moitra, argued that she was expelled improperly and told the court that there is no provision in the code of ethics for such an expulsion. He further argued that many of the MPs have a designated person who could access their parliamentary credentials and it was not unusual for the credentials to be shared. The court thus decided to hear the case.
Moitra was expelled on December 8 from the Lok Sabha after the House adopted the report of its Ethics Committee that held her guilty of accepting gifts and illegal gratification from a businessman to further his interest.
Moitra alleged that a parliamentary panel was being weaponised by the government to force the opposition into submission. She told reporters that she had been found guilty of breaching a code of ethics that does not exist and that there was no evidence of cash or gift given to her.
The Ethics Committee report found Moitra guilty of "unethical conduct" and contempt of the House by sharing her Lok Sabha credentials -- User ID and Password of Lok Sabha Member's Portal, with unauthorised persons who had an irrepressible impact on national security, Union Parliamentary Affairs Minister Prahlad Joshi said.
Moitra found herself in trouble when on October 15, BJP MP Nishikant Dubey wrote to Lok Sabha Speaker Om Birla, saying an inquiry committee should look into accusations made against the TMC leader by a Supreme Court lawyer Jai Anant Dehradai.
In his complaint, Dehradai alleged that Moitra accepted money and favours to ask questions in Parliament.
Dubey 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.
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