The Supreme Court on Wednesday sought the response of the Lok Sabha Secretariat to a plea by Trinamool Congress party (TMC) leader Mahua Moitra challenging her expulsion from Lok Sabha.A bench of Justices Sanjiv Khanna and Dipankar Datta, however, refused to grant any interim relief to Moitra who was the MP from Krishnanagar constituency in West Bengal before her expulsion.
"Let reply be filed by first respondent (Lok Sabha Secretariat) be filed in two weeks, rejoinder in three weeks thereafter. List during week commencing March 11," the Court directed."Let me argue on interim relief. I may be allowed to take part in proceedings," Moitra's counsel Senior Advocate Abhishek Manu Singhvi said."No, no. We will take it up when listed," the Court said.The Court while seeking the response of Lok Sabha secretariat did not issue formal notice.This was after Solicitor General (SG) Tushar Mehta appearing on behalf of Secretary General of Lok Sabha, opposed issuance of formal notice.He argued that parliament is one of the three sovereign organs under the Constitution and it can internally manage disciplinary issues of its members through its inhouse procedure which is not amenable to judicial review.
"Sovereign organ is deciding its internal discipline matter on evidence," SG contended.The Court also did not issue formal notice on plea for interim relief but said that the same will be considered after examining the Lok Sabha Secretariat's reply."Lordships may issue notice on interim relief," Singhvi submitted."We are not dismissing. It is not a long date we have given," the Court replied.
The Court also turned down the request by Singhvi to list the matter in February.On December 8, 2023, the Lok Sabha had passed a resolution to expel Moitra from the parliament in the wake of a recommendation by an Ethics Committee for her disqualification as a Member of Parliament (MP).The Ethics Committee's recommendation and report followed a complaint by Bharatiya Janata Party (BJP) MP Nishikant Dubey and advocate Jai Anant Dehadrai who alleged that Moitra had accepted cash in exchange for asking certain questions in parliament.Moitra been accused of posing several queries in parliament concerning the Adani group of companies at the behest of a rival businessman, Darshan Hiranandani. Moitra was also alleged to have shared her Lok Sabha log-in credentials with Hiranandani.The TMC leader was found guilty by the Ethics Committee which held that Moitra's lapses called for "severe punishment."During the hearing today before the top court, Singhvi who appeared for Moitra, contended that Moitra was expelled solely on the ground that she shared her Lok Sabha portal's login password with Hiranandani and the allegations of bribery were not examined."She is expelled only for sharing her login ID. On bribery it is said allegations have to be looked into. I was expelled without any rules against password sharing. Rules invoked deal with hacking," Singhvi said.
He also said that Moitra was not allowed to cross-examine witnesses."Many times! Judicial review lies clearly. Please note the contradictions that needed to be cross examined. Key witness not summoned. Cross examination is clearly necessary," Singhvi said.He also said that Moitra did share the OTP for the Lok Sabha portal login with Hiranandani."No finding that you shared OTP," asked Justice Datta."I did (share) with nominees. It is controlled by me," Singhvi replied.
"You accept the OTP was shared with Mr. Hiranandani, you concede," the bench queried."Yes. As many MPs do with their representatives," the Senior Counsel responded.The Court then proceeded to seek the response from the Lok Sabha secretariat and listed the case for March.Senior Advocate Maninder Singh along with advocate Abhimanyu Bhandari appeared for Nishikant Dubey, seeking impleadment in the case.Advocate Shadan Farasat also appeared for Moitra.
Moitra has in separate proceedings, moved the Delhi High Court challenging the notice asking her to vacate her allotted government bungalow in the national capital by January 7.The High Court has also reserved its judgment on the aspect of interim relief in a defamation case filed by her against Dubey and former personal friend and advocate, Jai Anant Dehadrai.
TAGS: Supreme Court Lok Sabha Secretariat Mahua Moitra Expulsion
