In a significant check on administrative compliance, the Delhi High Court on Friday nullified the Lokpal of India’s order granting sanction to the CBI to file a chargesheet against Trinamool Congress leader Mahua Moitra in the “cash-for-query” case, emphasizing strict adherence to statutory procedure under the Lokpal and Lokayuktas Act, 2013. The ruling underscores the Court’s insistence that investigative authorities cannot bypass procedural safeguards while granting sanction for prosecution.
The dispute arose after a complaint by Dubey alleged that Moitra received cash in exchange for raising parliamentary questions favoring businessman Darshan Hiranandani. Following the complaint, the Lokpal granted sanction to the CBI to file a chargesheet against Moitra under Section 20(7)(a) of the Act. Moitra challenged this sanction, contending that her written submissions and defence were ignored, rendering the order procedurally flawed and violative of natural justice.
Senior Advocate Nidhesh Gupta argued that the Lokpal’s actions reduced its role to “mere rubber-stamping” and overlooked her statutory right to have her comments considered before sanction. The CBI countered that oral hearings were not required, while the complainant maintained that all statutory comments had been placed before the Lokpal.
A Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar held that the Lokpal had erred in bypassing the proper procedure, noting the statutory requirement under Section 20(7) to consider the public servant’s comments before granting sanction. The Bench remarked that sanction was issued “de hors the provisions of the Lokpal Act,” effectively ignoring Moitra’s submissions.
Consequently, the Court set aside the sanction order and directed the Lokpal to reconsider the matter within one month.
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