Cash-for-query case against Mahua Moitra: SC stays HC order on sanction for CBI to file chargesheet

The Supreme Court on Friday stayed a portion of a Delhi High Court order from December 19 that had directed the Lokpal to reconsider sanctioning the Central Bureau of Investigation to file a chargesheet against Trinamool Congress MP Mahua Moitra in an alleged cash-for-query scam, PTI reported.

A bench comprising Chief Justice Surya Kant and Justice Joymala Bagchi issued notices seeking responses from Moitra, the CBI and the complainant, Bharatiya Janata Party MP Nishikant Dubey.

The Lokpal approached the Supreme Court against the Delhi High Court verdict, which had set aside the anti-corruption ombudsman’s order allowing the CBI to file a chargesheet against Moitra.

The High Court had held that the Lokpal incorrectly interpreted the Lokpal Act as creating two provisions for sanction: one under Section 20(7)(a) for filing a chargesheet, and another under Section 20(8) for launching prosecution, according to Live Law.

It held that the Act lays down only one composite stage of sanction for prosecution, and that Section 20(8) merely allows the Lokpal to direct which agency should carry out the prosecution. The High Court noted that the Lokpal had “departed from the prescribed statutory procedure” and had sought to restructure the procedure laid down by Parliament, Live Law reported.

In its Supreme Court petition, the Lokpal challenged this interpretation. On Friday, the Supreme Court agreed to...

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