Delhi High Court sets aside Lokpal sanction against Mahua Moitra in cash for query case

The Delhi High Court on Friday set aside a Lokpal order granting sanction to the CBI to file a chargesheet against Trinamool Congress MP Mahua Moitra in the alleged cash-for-query case , which involves accusations that she raised specific questions in the Lok Sabha in exchange for money or benefits from businessman Darshan Hiranandani .

The CBI has alleged that Mahua Moitra shared her official Parliament login credentials with businessman Darshan Hiranandani , which could have allowed another person to submit or influence Lok Sabha questions in her name. The agency has argued that such actions undermine parliamentary integrity and raise national security concerns.

Following the complaint filed in 2023 , the matter was examined by the Lokpal , India’s anti corruption watchdog. After reviewing the material placed before it, the Lokpal subsequently granted sanction to the Central Bureau of Investigation (CBI) to prosecute Mahua Moitra. Such sanction is a mandatory legal requirement before a public servant can be chargesheeted in a corruption case, paving the way for further criminal proceedings.

Based on this permission, the CBI moved towards filing a chargesheet under provisions of the Prevention of Corruption Act, 1988 , accusing Mahua Moitra of taking undue advantage in exchange for performing official acts as a Member of Parliament.

Moitra challenged the Lokpal’s decision before the Delhi High Court , arguing that the sanction was granted without following mandatory legal procedures. She contended that the law requires a public servant to be given a proper opportunity to respond and that such explanations must be duly considered before sanction is granted. According to her, this process was not correctly followed.

In the most recent development in the case, the Delhi High Court made it clear that it was not ruling on whether Mahua Moitra is guilty or innocent. Instead, the court found that the Lokpal’s sanction suffered from procedural defects, and therefore set aside the permission granted to the CBI, directing the Lokpal to reconsider the matter afresh, strictly in accordance with the law, within one month .

Importantly, the court’s order does not end the case or drop the charges. The investigation remains alive, and the Lokpal will now re-examine the issue. After reconsideration, it may again grant sanction for prosecution or take a different view based on legal requirements.

In effect, the High Court’s ruling is a procedural setback for the investigation, not a clean chit for Mahua Moitra. The final outcome will depend on the Lokpal’s fresh decision and subsequent legal proceedings.