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SC to hear Mahua Moitra's challenge to expulsion in January
The SC heard Mahua Moitra's plea challenging her expulsion from the Lok Sabha

SC to hear Mahua Moitra's challenge to expulsion in January

Dec 15, 2023
02:37 pm

What's the story

The Supreme Court has adjourned the hearing of Trinamool Congress (TMC) MP Mahua Moitra's plea challenging her expulsion from the Lok Sabha over cash-for-query allegations to January 3. A bench of Justices Sanjiv Khanna and SVN Bhatti deferred the hearing because they had not reviewed the case files. Moitra was expelled on December 8. However, she claimed the Lok Sabha Ethics Committee, which recommended her expulsion, acted with "substantial illegality" and "arbitrariness."

Context

Why does this story matter?

The cash-for-query row originated with Bharatiya Janata Party (BJP) MP Nishikant Dubey's allegations that she took bribes from businessman Darshan Hiranandani to ask questions in Parliament, targeting Prime Minister Narendra Modi and the Adani Group. The panel's report said Hiranandani asked Moitra to attack the Adani Group after losing a large energy-related contract in West Bengal to it. Dubey filed the complaint based on documents furnished by Moitra's estranged partner and Supreme Court lawyer, Jai Anant Dehadrai.

Details

Background of Moitra's expulsion

The expulsion barred her from contesting the upcoming Lok Sabha elections. It came after an ethics committee report suggested her removal for sharing her parliamentary account login details, accepting gifts, and possibly cash from Hiranandani. The panel found her guilty of jeopardizing national security, as Hiranandani's office accessed her parliamentary account from Dubai. The Central Bureau of Investigation (CBI) has filed a preliminary FIR in the case after the committee suggested the government launch an institutional inquiry.

What Next?

Moitra's defense and urgent hearing request

In her petition, the TMC MP challenged her disqualification and emphasized that she was not allowed to defend herself during the Lok Sabha discussion on the ethics panel's findings. On Wednesday, her counsel, senior advocate Abhishek Manu Singhvi, sought an urgent hearing date for her petition. Chief Justice of India (CJI) DY Chandrachud assured the petitioner that the court would consider the request for an urgent listing.

Insights

Moitra admitted sharing login details, denied receiving cash

Moitra earlier admitted to sharing her Parliament login and password details with Hiranandani, claiming that no rule prohibits it. She also accepted receiving gifts from Hiranandani as a friend but denied receiving any cash from him. "Ethics panel findings solely based on written testimonies of two persons whose versions contradict each other in material terms. Ethics panel punishing me for practice that is routine, accepted and encouraged in Lok Sabha," she claimed.

Panel hearing

Moitra, opposition accused ethics committee of 'unethical' questioning

In November, Moitra and four fellow opposition MPs walked out of the 15-member ethics committee's hearing, condemning the panel's line of questioning. Moitra accused the panel's chairperson, BJP MP Vinod Sonkar, of subjecting her to proverbial "vastraharan" (stripping) and asking "filthy questions." In March, Congress leader Rahul Gandhi was disqualified as an MP after his conviction in a criminal defamation case filed by BJP leader Purnesh Modi. However, the SC in August suspended his conviction, restoring his MP status.