In a significant legal victory for Trinamool Congress (TMC) MP Mahua Moitra, the Delhi High Court on Friday provided major relief in the high-profile “Cash-for-Query” case. The court stayed the Lokpal’s directive that had cleared the way for the Central Bureau of Investigation (CBI) to file a chargesheet against the Krishnanagar lawmaker.
A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar ruled that the anti-corruption body had erred in its understanding of the legal framework governing its powers.
A “Legal Misunderstanding” by the Lokpal
The High Court’s decision comes after it reserved its judgment on November 21 following intense arguments from Moitra’s legal counsel, Nidesh Gupta. In the ruling delivered nearly a month later, the bench observed that the Lokpal of India had “misinterpreted” specific provisions of the Lokpal and Lokayuktas Act.
The court noted that the initial order lacked a proper foundation under the existing statutes, effectively halting the immediate legal proceedings initiated by the CBI.
The Original Directive Challenged
The controversy stems from a November 12 order issued by the Lokpal court, which had authorized the CBI to file a chargesheet against Moitra. Under Sections 20(7) and 23(1) of the Lokpal Act, 2013, the investigative agency was instructed to submit its findings within four weeks and provide a copy to the Lokpal office.
While the Lokpal Chairperson had clarified that further legal action would only be considered after the chargesheet was filed, Moitra moved the High Court to challenge the validity of the order itself, arguing it was procedurally and legally flawed.
