Cash-For-Query: Delhi HC To Hear Mahua Moitra's Plea On Nov 21
Mahua Moitra: Outspoken TMC MP
New Delhi ~ The Delhi High Court on Tuesday said it would hear on November 21 a plea by Trinamool Congress MP Mahua Moitra challenging a Lokpal order granting sanction to the Central Bureau of Investigation to file a chargesheet against her in the alleged cash-for-query scam.
A bench of Justices Anil Khetarpal and Harish Vaidyanathan Shankar listed the matter for Friday to enable it to go through the Lokpal's order, which has been placed before it in a sealed cover.
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.
ADVERTISEMENTMoitra, in her plea, has sought the setting aside of the November 12 order of the Lokpal of India by which sanction was granted to the CBI, claiming that it was erroneous, dehors the provisions of the Lokpal Act and a gross violation of principles of natural justice.
The plea alleged that arguments and submissions were invited from her and then completely ignored before issuing the sanction order under the Lokpal Act, on the ground that they were premature and would be considered at a subsequent stage.
It said the sanction order reduced the role of the Lokpal to merely“rubber-stamping of the investigation report”, without considering any defence whatsoever being offered by Moitra and granting sanction to file a chargesheet.
“The Lokpal not only has the power to direct the filing of a closure report under Section 20(7)(a) of the Lokpal Act but also has a duty to fairly consider the defence of the RPS (respondent public servant) at this stage itself so that a fair and reasoned decision is taken on whether the case necessitates the filing of a chargesheet or a closure report,” the Lok Sabha MP said in her petition.
It further said that the Lokpal has closed the door on the filing of a closure report without even considering the arguments and defence of Moitra and instead summarily accorded sanction for the filing of a chargesheet to her prejudice.
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