SC defers hearing in cash-for-query scam against Mahua Moitra

The Supreme Court on Tuesday deferred the hearing on two pleas filed by the Lokpal in the alleged cash-for-query scam against Trinamool Congress MP Mahua Moitra.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana took note of the fact that the Centre, which was made a party to the petitions on July 24, was unrepresented during the hearing.

“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. 

On July 24, the bench had made the Ministry of Home Affairs a party to the pleas. 

Prior to this, the top court had on March 13 stayed a part of the December 19, 2025 order of the Delhi High Court permitting the Lokpal to consider granting sanction to the CBI to file a charge sheet against Moitra in the alleged cash-for-query scam.

It had issued notices to Moitra, the CBI and BJP MP and complainant Nishikant Dubey on the Lokpal’s pleas against the High Court’s decision. The Lokpal had challenged the High Court’s judgment that had held that separate sanctions for the filing of a charge sheet and initiating prosecution are not contemplated by the Lokpal and Lok Ayuktas Act, 2013. On December 19 last year, the High Court had set aside an order of the Lokpal granting sanction to the CBI to file a charge sheet against Moitra in the alleged cash-for-query scam. “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 High Court had said in para 89 of that judgement.

The CJI-led bench had stayed the para 89 of the High Court judgment while issuing notices on a batch of pleas related to power and procedures enumerated under section 20 of the Lokpal Act.

The High Court passed the verdict on a plea by Moitra challenging the November 12, 2025 order of the Lokpal granting sanction to the CBI to file the chargesheet against her in connection with the alleged scam.

Holding that Section 20 of the Lokpal Act did not contemplate the separate grant of a sanction for filing of a chargesheet, and the sanction is granted only in a composite manner for prosecution, the high court had quashed the sanction granted by the Lokpal to the CBI to file a chargesheet against Moitra in the case.

The ombudsman moved the apex court challenging the interpretation given by the high court.

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

Solicitor General Mehta, appearing for the CBI, had said the probe agency supported the interpretation given by the High Court.

He also added that the respondent TMC MP needs to be investigated.