1 day ago
Supreme Court Defers Lokpal Pleas in Mahua Moitra Case
The Supreme Court is considering a dispute about how a corruption investigation against Mahua Moitra should proceed.
The case is connected to allegations that she accepted money and gifts for asking questions in Parliament.
The Lokpal had allowed the Central Bureau of Investigation to file a chargesheet against her.
The Delhi High Court later cancelled that permission.
The High Court said the law did not allow separate approvals for filing a chargesheet and starting a prosecution.
The Lokpal disagreed and appealed to the Supreme Court.
The Supreme Court delayed the hearing because the Centre had not sent a representative.
The Centre has been given another chance to file its response.
The Supreme Court has also stayed part of the High Court’s order while it examines the legal questions.
The Supreme Court deferred the Lokpal’s challenge to a Delhi High Court ruling in the alleged cash-for-query case involving TMC MP Mahua Moitra.
The hearing was postponed after the Centre was not represented and was given another opportunity to file a response.
The Lokpal is challenging the High Court’s decision to set aside its sanction allowing the CBI to file a chargesheet against Moitra.
The High Court held that the Lokpal Act did not provide for separate sanctions to file a chargesheet and initiate prosecution.
The allegations involve Moitra allegedly receiving cash and gifts from businessman Darshan Hiranandani in exchange for asking questions in Parliament.
- Who
- The Lokpal, Mahua Moitra, the Central Bureau of Investigation, the Centre, and BJP MP Nishikant Dubey are involved in the proceedings.
- What
- The Supreme Court deferred the Lokpal’s pleas challenging a Delhi High Court order concerning sanction for a chargesheet against Moitra.
- Where
- The proceedings are before the Supreme Court, concerning a Delhi High Court judgment.
- When
- The hearing was deferred on Tuesday; the articles also refer to orders dated December 19, 2025, March 13, and July 24.
- Why
- The Lokpal disputes the High Court’s interpretation of whether the Lokpal Act requires separate sanctions for filing a chargesheet and conducting a prosecution.
Lokpal and CBI Position
Delhi High Court and Moitra Position
Separate sanctions under Section 20
Lokpal and CBI Position
The Lokpal argues that the High Court incorrectly interpreted the law by rejecting the possibility of separate sanctions for filing a chargesheet and initiating or conducting prosecution. The CBI supported the High Court’s interpretation on this legal issue but said Moitra needed to be investigated.
Delhi High Court and Moitra Position
The High Court held that Section 20 does not provide for a separate sanction to file a chargesheet and that sanction for prosecution is granted in a composite manner. Moitra had challenged the Lokpal’s sanction.
Procedure followed by the Lokpal
Lokpal and CBI Position
The Lokpal says the dispute concerns its legal powers and interpretation of the Act, rather than any particular individual.
Delhi High Court and Moitra Position
The High Court found a clear departure from the procedure mandated under the Lokpal and Lokayuktas Act and quashed the Lokpal’s sanction for the CBI to file a chargesheet.
Further prosecution process
Lokpal and CBI Position
The Lokpal’s position is being examined alongside provisions of the Bharatiya Nagarik Suraksha Sanhita and the Prevention of Corruption Act, including the distinction between filing a chargesheet and conducting prosecution.
Delhi High Court and Moitra Position
The High Court directed the Lokpal to reconsider granting sanction under Section 20 in accordance with its interpretation of the law.
Key facts
- Case
- Alleged cash-for-query case involving Mahua Moitra and businessman Darshan Hiranandani.
- Supreme Court bench
- Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.
- Immediate reason for delay
- The Union government was unrepresented and received another opportunity to file a counter affidavit.
- High Court ruling
- The Delhi High Court set aside the Lokpal’s November 12, 2025 sanction allowing the CBI to file a chargesheet.
- Lokpal appeal
- The Lokpal challenged the High Court’s interpretation of Section 20 of the Lokpal and Lokayuktas Act, 2013.
- Investigation status
- The CBI registered an FIR on March 21, 2024, and submitted its report to the Lokpal in July 2025.
Quotes
Supreme Court bench
Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana
“The learned Lokpal is requested to accord its consideration for grant of sanction under Section 20 of the Lokpal Act, strictly in accordance with provisions thereof as construed hereinabove, within a period of one month from today.”
telegraphindia.com
“The Union of India is unrepresented. One more opportunity is granted to the UOI to file the counter affidavit (reply), if required. The matter is adjourned.”
telegraphindia.com
Sources
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