Delhi HC Reserves Order on Mahua Moitra’s Challenge to Lokpal Sanction Allowing CBI Chargesheet; No Interim Relief Granted

New Delhi: The Delhi High Court has reserved its order on the petition filed by Member of Parliament Mahua Moitra challenging the Lokpal of India’s order dated 12 November 2025 granting sanction to the Central Bureau of Investigation to file a chargesheet against her in the alleged cash-for-query matter. The Division Bench of Justice Anil K. Shetarpal and Justice Harish Vaidyanathan Shankar heard detailed submissions from all sides before reserving judgment. No interim stay was granted on the operation of the sanction order.

The petitioner argued that the Lokpal sanctioned prosecution without properly considering her submissions, thereby violating the principles of natural justice. Senior Advocate Nidhesh Gupta, appearing for Mahua Moitra and assisted by Advocate Samudra Sarangi, submitted that the Lokpal’s order suffered from procedural irregularities and that the CBI should not be permitted to proceed on the basis of a legally flawed sanction. It was contended that the Lokpal is required to give a meaningful opportunity of hearing before granting sanction, and that the statutory framework mandates an objective consideration of the material placed on record.

The CBI opposed the plea and argued that the petition was an attempt to delay criminal proceedings. The agency maintained that the Lokpal had acted within its statutory mandate and that the sanction order was based on material collected during the preliminary enquiry. The CBI submitted that the challenge was premature and that the petitioner’s objections should be raised before the trial court at the appropriate stage rather than seeking to obstruct the filing of the chargesheet.

The matter arises from the broader controversy relating to allegations that the petitioner received benefits in exchange for raising parliamentary questions. The CBI had submitted a report before the Lokpal, following which sanction was granted to file a chargesheet. The High Court observed during the hearing that it would consider only the legality and procedural validity of the Lokpal’s order and would not enter into the merits of the allegations at this stage.

After hearing the parties, the Court declined to grant interim protection to the petitioner and refused to restrain the CBI from proceeding further in accordance with the Lokpal’s sanction. The Court’s reserved judgment will decide whether the sanction order withstands judicial scrutiny and whether the Lokpal complied with the statutory requirements under the Lokpal and Lokayuktas Act.

Case Title: Mahua Moitra v. Lokpal of India and CBI
Court: High Court of Delhi
Bench: Justice Anil K. Shetarpal and Justice Harish Vaidyanathan Shankar
Date of Hearing: 21 November 2025
Appearing for Petitioner: Senior Advocate Nidhesh Gupta, Advocate Samudra Sarangi
Appearing for Respondents: Counsel for CBI, representatives for complainant Nishikant Dubey