Supreme Court defers hearing on Lokpal's plea in Mahua Moitra cash-for-query case

Court adjourns hearing

The Supreme Court on Tuesday deferred the hearing on two pleas filed by the Lokpal in the cash-for-query case involving Trinamool Congress MP Mahua Moitra. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana adjourned the matter after noting that the Centre, which was added as a party on July 24, was not represented.

"The Union of India is unrepresented. One more opportunity is granted to the UOI to file the counter affidavit (reply), if required. The matter is adjourned," the bench said.

Background: High Court ruling and stay

Earlier, on March 13, the top court had paused a part of the Delhi High Court's December 19, 2025 order that allowed the Lokpal to consider granting sanction to the CBI to file a chargesheet against Moitra. The court had also issued notices to Moitra, the CBI and BJP MP Nishikant Dubey, who is the complainant in the case.

The Lokpal has challenged the High Court's ruling that separate sanctions for filing a charge sheet and for launching prosecution are not envisaged under the Lokpal and Lok Ayuktas Act, 2013.

On December 19 last year, the High Court set aside the Lokpal's November 12, 2025 order granting sanction to the CBI to file a charge sheet against Moitra. In paragraph 89 of its judgement, the court had said, "The learned Lokpal is requested to accord its consideration for grant of sanction under Section 20 of the Lokpal Act, strictly in accordance with provisions thereof as construed hereinabove, within a period of one month from today."

The Chief Justice-led bench had paused this part of the judgement while issuing notices on a batch of pleas concerning the powers and procedure under Section 20 of the Lokpal Act.

The High Court had held that Section 20 did not provide for a separate sanction for filing a chargesheet and that sanction was to be granted only in a composite manner for prosecution. It said there was a "clear departure" from the procedure mandated under the Act and that the Lokpal had erred in its understanding and interpretation of the provision.

Arguments in court

Senior advocate Ranjit Kumar, appearing for the Lokpal, had submitted that the ombudsman was aggrieved by the interpretation given to the Act by the High Court and was not concerned with any particular individual.

Solicitor General Mehta, appearing for the CBI, had said the agency supported the interpretation given by the High Court and added that the respondent TMC MP needed to be investigated.

Justice Bagchi commented on the provisions of Section 20(7)(a) and 20(8) and the history of the Lokpal Act, saying: "The Lokpal Act is to create public confidence in the enquiry into and prosecution of public servants who are highly placed, where there's a real or perceptible fear that he/she may disable the investigating and prosecution agencies from conducting their duties..."

The allegations

The case relates to allegations that Moitra asked questions in the Lok Sabha in exchange for cash and gifts from businessman Darshan Hiranandani. It was alleged that Moitra indulged in corrupt practices, including taking bribes and sharing her Lok Sabha login credentials.

The CBI submitted its report to the Lokpal in July last year and had registered an FIR on March 21, 2024 against Moitra and Hiranandani under the Prevention of Corruption Act on a Lokpal reference.