Cash-For-Query Scam| Supreme Court Refuses To Allow Mahua Moitra To Attend Lok Sabha As An Interim Measure

However, the Court issued notice to the Secretary General Lok Sabha, seeking response within 3 weeks. The Court has listed the matter for further hearing on March 11, 2024.

The Court also refused to issue any notice to Lok Sabha Speaker and to the Committee on Ethics of Lok Sabha.

A bench of Justice Sanjiv Khanna and Justice Dipankar Datta thus observed, “A Number of contentions and issues have been raised. We will not like to comment on any issue at this stage. One of the issues which may arise will be of the jurisdiction of this court and the power of judicial review. Learned Senior Advocate appeared for the petitioner has relied upon the decision of this Court in Raja Ram Pal v. Speaker of Lok Sabha 2007 3 SCC 184. Learned Solicitor General has appearance for the Secretary General, Lok Sabha for the Secretariat, New Delhi. Let reply be filed by the Respondent no. 1 (Secretary General) within a period of 3 weeks. Relist in the week commencing March 11, 2023”.

For the background, the TMC leader had approached the Apex Court against her expulsion after the Lower House of Parliament adopted a report by its ethics committee that held her guilty of accepting gifts and illegal gratification from a businessman to further his interests.

During the arguments today, at the outset, Senior Advocate Abhishek Singhvi appearing for Moitra contended, “She was expelled only on one ground that she was sharing her login credentials”. Further, it was argued that login access to the portal does not amount to control over it's use since the platform requires a one time password, that is sent only to her.

“Milords, I have had the privilege of being in the Parliament for 18 years now. Password comes and then you give it to your person, it is not that you are giving over your portal. No person from Parliament comes himself and operates it”, he contended further.

Justice Datta, during the hearing asked, "You accept that you shared the OTP?". 

"OTP with Hiranandani?", asked Justice Khanna while turning towards Singhvi. To which he answered in the affirmative.

Going on to the second contention, Singhvi went on to argue on the basic principle of disproportion.

Pursuant to which, Singhvi argued, "Today there are so many irregularities in the Parliament. Because milords, the whole concept is based on majority. Majority is the whole essence of democracy...”.

On December 8, after a heated debate in the Lok Sabha over the panel report during which Moitra was not allowed to speak, Parliamentary Affairs Minister Pralhad Joshi moved a motion to expel the TMC MP from the House for "unethical conduct" which was adopted by a voice vote.

Reacting sharply to her expulsion, Moitra had equated the action with hanging by a "kangaroo court" and alleged that a parliamentary panel was being weaponised by the government to force the opposition into submission.

The ethics committee found Moitra guilty of "unethical conduct" and contempt of the House as she shared her Lok Sabha members' portal credentials -- user ID and password -- with unauthorised people, which had an irrepressible impact on national security, Joshi said.

The committee had also recommended that in view of the "highly objectionable, unethical, heinous and criminal conduct" of Moitra, an intense, legal and institutional inquiry be initiated by the government in a time-bound manner.

The motion moved by Joshi said Moitra's "conduct has further been found to be unbecoming as an MP for accepting gifts and illegal gratification from a businessman to further his interest, which is a serious misdemeanour and highly-deplorable conduct" on her part.

Cause Tiitle: Mahua Moitra v. Lok Sabha, Secretariat