The Delhi High Court on Tuesday flagged the fact that the petition filed by Trinamool Congress (TMC) Member of Parliament (MP) Mahua Moitra challenging a Lokpal order against her, came to be reported by the media before the Court heard the case..A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar made the observation while deferring the matter to be heard on November 21."It is already in the media," Justice Shankar remarked.Moitra has moved the Court challenging the Lokpal order granting sanction to the Central Bureau of Investigation (CBI) to chargesheet her in the alleged cash-for-query case.The Court said it needs time to read the Lokpal order, which was handed over to the Bench in a sealed cover. "The counsel has handed over an envelope containing the impugned order and various other documents. List on Friday (November 21) to enable the bench to read the impugned order," the Court said. .Senior Advocate Nidhesh Gupta appeared for Moitra and stated that the Lokpal order turned the law on its head. "The Lokpal says I don't need your comment and that I will get your comments at the stage of second sanction," Gupta said. The Court said that it will consider the case on November 21. .In a November 12 full-bench decision, Lokpal invoked its powers under Section 20(7)(a) read with Section 23(1) of the Lokpal Act, allowing CBI to file a charge sheet within four weeks, and mandated that a copy be submitted to Lokpal. The case stems from accusations by Bharatiya Janata Party (BJP) MP Nishikant Dubey that Moitra accepted cash and luxury gifts from Dubai-based businessman Darshan Hiranandani in exchange for raising parliamentary questions. Lokpal had earlier directed CBI to investigate “all aspects” under Section 20(3)(a) and submit a report within 6 months..In her plea, Moitra has argued that the Lokpal order is contrary to the Lokpal and Lokayukta Act, 2013 and in violation of the principles of natural justice since the same was passed without considering her detailed written and oral submissions. "If the effect and operation of the Impugned Sanction Order is not stayed forthwith, the CBI will proceed to file the chargesheet, causing irreparable harm and prejudice to the Petitioner. This would render the present Writ Petition largely infructuous. Therefore, the present matter requires the urgent intervention of this Hon’ble Court," she has contended. .Moitra filed the petition through advocate Samudra Sarangi. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
