Delhi High Court Quashes Lokpal's Sanction Order Against Mahua Moitra

Court Criticizes Lokpal's Procedural Deviations and Calls for Statutory Compliance

In a significant ruling, the Delhi High Court has quashed the Lokpal's sanction order against Member of Parliament Mahua Moitra, directing the Central Bureau of Investigation (CBI) to file a charge-sheet. The court ruled that the Lokpal had exceeded its jurisdiction by adopting procedures not contemplated under the Lokpal and Lokayukta Act, 2013.

The judgment, delivered by a Division Bench comprising Mr. Anil Kshetarpal and Mr. Harish Vaidyanathan Shankar, emphasized the importance of strict adherence to the statutory framework laid out in the Lokpal Act. The court noted that the Lokpal's role is limited to granting sanction for prosecution or directing closure based solely on the investigation report and written comments, not conducting a mini-trial or adjudicating merits.

The proceedings stemmed from allegations against Moitra involving misconduct and corruption, including sharing her Lok Sabha portal credentials and receiving financial favors linked to Parliamentary questions. The Lokpal had granted sanction under Section 20(7)(a) of the Lokpal Act, but the High Court found procedural errors in its approach.

The court highlighted that the Lokpal Act mandates a structured process for handling corruption allegations, starting from preliminary inquiries to investigations, and culminating in either sanction for prosecution or closure. The Lokpal's deviation from this process and its attempt to introduce additional procedural steps were deemed impermissible.

The judgment underscored that the Lokpal's powers are supervisory and administrative rather than adjudicatory, stressing that any expansion of jurisdiction beyond statutory confines is unlawful. The court directed the Lokpal to reconsider the sanction in line with the statutory provisions within a month.

Bottom Line:

Lokpal Act, 2013 - The powers of the learned Lokpal under Section 20(7)(a) are limited to granting sanction for prosecution or directing closure of the report - At this stage, no oral hearings or submission of additional material is contemplated or permitted - The learned Lokpal is not empowered to conduct a mini-trial or adjudicate on the merits of the investigation report.

Statutory provision(s): Lokpal and Lokayukta Act, 2013 Sections 20(7)(a), 20(8), 23(1), 197 of CrPC, 19 of PC Act

Mahua Moitra v. Lokpal of India, (Delhi)(DB) : Law Finder Doc Id # 2824354