Delhi High Court Grants Relief to Mahua Moitra, Quashes Lokpal Order in ‘Cash for Query’ Case

In a significant legal development, the Delhi High Court on Friday granted major relief to Trinamool Congress (TMC) MP Mahua Moitra by setting aside the Lokpal’s order that had permitted the Central Bureau of Investigation (CBI) to file a chargesheet against her in the much-discussed ‘cash for query’ case.

The ruling has temporarily halted the criminal prosecution process against Moitra and sent the matter back to the Lokpal for fresh consideration.

High Court Quashes Lokpal’s Sanction

A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidhyanathan Shankar quashed the Lokpal’s order dated November 12, which had granted sanction to the CBI to file a chargesheet against the TMC leader.

“The impugned order is set aside,” the bench said, directing the Lokpal to reconsider the issue of sanction strictly in accordance with Section 20 of the Lokpal and Lokayuktas Act. The court has asked the Lokpal to complete this exercise within one month.

Allegations and Legal Challenge

The case against Mahua Moitra relates to allegations that she accepted cash and gifts from Dubai-based businessman Darshan Hiranandani in exchange for raising questions in Parliament—an allegation that has come to be widely known as the “cash for query” case.

Challenging the Lokpal’s order, Moitra argued before the High Court that the sanction granted to the CBI was illegal, arbitrary, and in violation of statutory provisions as well as principles of natural justice. She contended that although she had submitted written representations and arguments, they were ignored by the Lokpal on the ground that they were “premature.”

Her petition further claimed that granting permission to file a chargesheet without properly hearing the accused would reduce the Lokpal’s role to that of a “rubber stamp” on the investigation agency’s report.

CBI’s Stand Rejected

The CBI opposed Moitra’s plea, arguing that the accused had no right to submit documents or seek a personal hearing at the stage of sanction under the Lokpal Act. According to the agency, the law only allows limited written comments and does not mandate oral hearings.

However, the High Court found merit in Moitra’s challenge and held that the Lokpal must apply its mind independently before granting sanction, as required under the law.

What Happens Next?

With the Lokpal’s order now quashed:

• The CBI cannot file a chargesheet against Mahua Moitra at this stage.
• The matter will go back to the Lokpal for fresh consideration.
• The Lokpal must re-examine whether sanction should be granted, following due process, within one month.

Background of the Case

Earlier, during the previous Lok Sabha, Parliament’s Ethics Committee had found Mahua Moitra guilty of “unethical conduct” in the same matter, leading to the termination of her MP membership. However, Moitra made a political comeback by winning the 2024 Lok Sabha elections, returning to Parliament as an elected representative.

Political and Legal Significance

The High Court’s decision is being seen as a procedural victory for Mahua Moitra and a reminder that statutory authorities like the Lokpal must strictly adhere to legal safeguards before authorising criminal prosecution.

While the allegations against her remain unresolved, Friday’s verdict ensures that any further action will now be taken only after fresh and lawful consideration, keeping the spotlight firmly on the Lokpal’s next move.