Cash-for-query case: Lokpal seeks more time from Delhi HC on CBI sanction to Mahua Moitra

The Lokpal on Monday moved the Delhi High Court seeking additional time to reconsider, in accordance with law, the issue of granting sanction to the CBI to file a chargesheet against Trinamool Congress MP Mahua Moitra in the alleged cash-for-query case.

A bench of Justices Vivek Chaudhary and Renu Bhatnagar directed that the Lokpal’s application seeking a two-month extension be listed on January 23 before the bench that had passed the earlier order, observing that any extension would amount to a modification of the December 2025 direction.

The plea follows the high court’s December 19, 2025 judgment setting aside the Lokpal’s November 12, 2025 sanction order , by which the anti-corruption watchdog had granted approval to the CBI to prosecute Moitra under provisions of the Prevention of Corruption Act . The November order had accepted the CBI’s findings that a prima facie case existed against Moitra for allegedly accepting cash and other undue advantages from businessman Darshan Hiranandani in exchange for raising parliamentary questions, and for allegedly sharing her Lok Sabha login credentials.

However, a bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar found that the Lokpal had committed a procedural lapse under Section 20 of the Lokpal and Lokayuktas Act , which prescribes a step-by-step mechanism for preliminary inquiry, consideration of materials, and application of mind before granting sanction. The court held that there was a “clear departure” from the mandatory procedure , and that the Lokpal had erred in its interpretation of the statutory scheme by not following the safeguards embedded in Section 20.

The court clarified that the sanction was quashed purely on procedural grounds , without expressing any opinion on the merits of the allegations or the evidence collected by the CBI, and directed the Lokpal to reconsider the issue afresh within one month.

During the earlier proceedings, Moitra had argued that the Lokpal’s sanction was legally invalid as it failed to comply with Section 20 requirements, was passed in haste, and violated principles of natural justice. She had contended that the sanction order mechanically endorsed the CBI’s conclusions without independent application of mind and that criminal prosecution could not proceed without strict adherence to statutory safeguards.

The case itself stems from complaints made to the Lokpal alleging that Moitra asked questions in the Lok Sabha in exchange for cash, gifts and other benefits from Hiranandani. It has also been alleged that she shared her official parliamentary login credentials, enabling unauthorised access to parliamentary systems and raising concerns over misuse of parliamentary privileges and potential national security implications.

Following the Lokpal’s reference, the CBI registered an FIR against Moitra and Hiranandani on March 21, 2024, and submitted its investigation report in July 2025. Filing a chargesheet requires prior Lokpal sanction. Separately, the Lok Sabha Ethics Committee is examining alleged misuse of parliamentary privileges. The Lokpal has now sought more time, and the Delhi High Court will hear the extension plea on January 23 . After reconsideration, the Lokpal may grant or refuse sanction, determining whether the CBI can proceed with the prosecution.