Supreme Court Seeks Lok Sabha Secretariat's Response To Mahua Moitra's Plea Against Expulsion From Lok Sabha

A division bench of Justices Sanjiv Khanna and Dipankar Datta observed that one of the issues will be the jurisdiction of the court to review the Lok Sabha's action. The reply has to be filed within three weeks and rejoinder by the petitioner, if any, within three weeks thereafter. The matter will be listed in the week commencing from March 11, 2024.

The bench also turned down a prayer made by Senior Advocate Dr Abhishek Manu Singhvi on behalf of the petitioner to allow Moitra to attend Lok Sabha proceedings in the meantime as an interim measure. "No, that will be virtually allowing your writ petition. When we are ourselves in doubt as to the extent of our examination...", Justice Khanna said.  The bench added that it was not expressing anything on the application for interim relief at the present juncture. 

The former Member of Parliament (MP), who represented the Krishnanagar Lok Sabha seat in West Bengal, faced expulsion on December 8 following the adoption of an ethics committee report accusing her of unethical conduct over the cash-for-query allegations against her.

Singhvi argued that the only concrete finding against Moitra in the ethics committee report was that she had unauthorisedly shared the login credentials of her MP portal with third parties. He contended that there is no rule prohibiting the sharing of login credentials. Singhvi argued that it is a standard practice followed by many MPs, who delegate their work to secretaries and assistants to upload questions.

"Can an MP not delegate her work? Imagine Hiranandani to be her assistant for a minute. Now you can say that he is not her assistant..." Singhvi submitted.

"So you accept that you shared the OTP with Hiranandani?" the bench asked Singhvi.

"As every parliamentarian does with any number of secretaries or people they delegate work to...," Singhvi replied.

The senior counsel alleged violations of the principles of natural justice since Darshan Hiranandani, who filed an affidavit before the ethics committee making allegations against Moitra, was not allowed to be cross-examined. He argued that the expulsion of opposition MPs on such 'flimsy grounds' was a matter of grave constitutional importance. Raising concerns about the adverse effect of such expulsions on our democracy, he added, "If you pick up every irregularity and start expelling people, then there is no question of democracy."

Reliance was placed on the Raja Rampal case to argue that the Supreme Court can interfere with patently mala fide actions of the Lok Sabha.

Solicitor General of India Tushar Mehta, appearing for the Lok Sabha Secretary General, opposing the Court issuing notice on the petition, submitted that the court cannot interfere with the internal functioning of the legislature. "A sovereign organ of the State is deciding its internal discipline. What is the scope of judicial review, if at all?", the solicitor-general argued saying that the court's interference would be a violation of the doctrine of the separation of powers.

Senior Advocate Maninder Singh and Advocate Abhimanyu Bhandari appeared for MP Nishikant Dubey, who made the complaint against Moitra.

Background

The controversy surrounding Moitra unfolded after Bharatiya Janata Party (BJP) MP Nishikant Dubey wrote to Lok Sabha Speaker Om Birla in September, based on a complaint by lawyer Jai Anant Dehradai alleging that Moitra accepted money and favours to pose questions in Parliament. Businessman Darshan Hiranandani, in an affidavit to the ethics committee, claimed that Moitra provided him with her Lok Sabha portal login credentials. According to the allegations, the businessman used this access to submit questions to Parliament on Moitra's behalf, giving her cash and gifts in exchange. In the wake of these accusations, the Central Bureau of Investigation (CBI) also initiated a preliminary first information report (FIR) in the case.

The parliamentary inquiry against Moitra was launched after Dubey made these allegations against her in October. After completing its probe, the ethics committee adopted its report recommending the legislator's expulsion from the Lok Sabha in connection with the 'cash-for-query' scandal at a meeting on November 9. However, the embattled legislator has consistently denied these allegations, criticising the ethics committee for 'acting without proof' and claiming that it was being weaponised to target the opposition. She has insisted that the ethics committee and its report "has broken every rule in the book". The TMC leader also lamented not being given an opportunity to defend herself in the House during the consideration of the ethics panel's report, or cross-examine her estranged partner and the BJP MP, who levelled the 'cash-for-query' allegations against her.

On December 8, Moitra's expulsion took place amid a walkout by opposition MPs, after the Lok Sabha adopted the ethics committee's report that recommended her expulsion. Prahlad Joshi, union parliamentary affairs minister, tabled the resolution to expel Moitra, based on the committee's finding that she was guilty of sharing her login credentials of the Lok Sabha MP portal with unauthorised people, resulting in national security being compromised, and that she accepted illegal gratification in the form of gifts and other facilities from the businessman for raising queries. Joshi argued that the TMC leader's conduct was highly unethical and unbecoming of a Member of Parliament and that she was liable to be disqualified for breach of privileges and contempt of the House. The motion stated -

“Wherein her conduct has further been found to be unbecoming of a member of Parliament for accepting illegal gratification through gifts and other facilities from a businessman to further his interest which is a serious misdemeanour and highly deplorable conduct on her part, accept the recommendations and findings of the committee and resolve that continuance of Mahua Moitra as member of Parliament, member of Lok Sabha as untenable and she may be expelled."

After the House passed the resolution to expel her, Moitra addressed the press outside the Parliament. The recommendation of expulsion is solely based on the sharing of the login credentials, she said, while adding that there are no rules prohibiting it. She alleged that the process was done to shut out debate on the Adani issue. She also said, "This kangaroo court has only shown to all of India that the haste and the abuse of due process you have used demonstrates how important Adani is to you."

The TMC leader moved the Supreme Court within days of her disqualification. In her petition, she has, among other things, highlighted the lack of opportunity to defend herself during the Lok Sabha discussion on the ethics panel's findings.

Case Details

Mahua Moitra v. Lok Sabha Secratariat & Ors. | Writ Petition (Civil) No. 1410 of 2023

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