New Delhi: The Supreme Court on Wednesday issued notice on a plea by TMC MP Mahua Moitra challenging her expulsion from Lok Sabha over alleged misconduct and sharing of log-in credentials but declined to allow her to participate in the Lok Sabha proceedings. The apex court issued notice to the secretary general of the Lok Sabha secretariat .
A bench comprising justices Sanjiv Khanna and Dipankar Datta said let the reply be filed by first respondent (secretary general, Lok Sabha secretariat) in three weeks and scheduled the matter for further hearing in the week commencing on March 11.
Senior advocate A M Singhvi, representing Moitra, requested the bench to allow him to argue on interim relief and said, “I can be allowed to take part in proceedings”. Justice Khanna said, “no, no….we will take it up when listed...”
The bench, in its order, noted that a number of issues have been raised and it will not like to comment on any issue at this stage. “One of the issues is with regard to jurisdiction of this court and the power of judicial review. Senior advocate appearing for the petitioner has relied upon Raja Rampal…..Solicitor General Tushar Mehta is appearing for secretary-general, Lok Sabha Secretariat…”, noted the bench.
During the hearing, Mehta urged the bench to not issue in the matter. Justice Khanna clarified that the court is only issuing notice to the first respondent. Singhvi argued that the alleged bribe-giver is not summoned and the committee's findings are contradictory. Singhvi contended that the complainant suppresses the fact that she was in a relationship with him and he said that Mr Hiranandani was asking her to submit questions.
Singhvi asked the court, can an MP not delegate her work? Imagine Hiranandani to be her secretary for a minute. Justice Khanna queried, so you are accepting that you shared the OTP with Hiranandani? Singhvi said as every parliamentarian does with their secretaries or people, they delegate work to.
On the aspect of natural justice, Singhvi said there are two things: one, ethics committee and there was no-cross-examination. And the second, on the basis of the committee's report a motion was moved but members were not given opportunity to examine the 439-page-long report, he said.
Mehta said a sovereign organ of the State is deciding its internal discipline. What is the scope of judicial review, if at all? Justice Khanna said the court will examine that. Mehta insisted that the court should not issue notice in the matter, as he is already before the court representing the first respondent. Justice Khanna said, “We are issuing notice. But we are keeping all issues open…”.
Moitra was ousted from the Parliament after the Ethics Committee of the Lok Sabha found her guilty of jeopardising national security by sharing her parliamentary portal's login credentials with businessman Darshan Hiranandani.
Moitra has been allegedly accused of posing several queries in Parliament concerning the Adani group of companies at the behest of a rival businessman, Darshan Hiranandani.
On December 8, the Lok Sabha passed a resolution to expel Moitra from the parliament in view of the Ethics Committee recommending her disqualification as an MP.
Her expulsion was recommended by the committee on the basis of Hiranandani's affidavit saying she accepted bribes to ask his questions targeting the Adani Group.
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