CASH FOR QUERY SCAM
MAHUA MOITRA: EXPELLED MP
HER FUTURE COURSE OF ACTION
SARASIJ MAJUMDER
Trinamool
Congress (TMC) leader Mahua Moitra was expelled as a Lok Sabha MP after
she was found guilty by the ethics panel in the 'cash-for-query' case.
The
case of Moitra has generated a LEGAL ISSUE:- whether the act of soliciting
favours in return for parliamentary actions constitutes illegal
gratification. Legal experts have emphasised the severity of this breach,
suggesting that if an MP indeed performed parliamentary actions in exchange of
remuneration, it warranted investigation by the Privileges Committee for
contempt and a breach of privilege, which can harm the country.
The
only significant aspect complicating the matter, as well as in favour of Mrs. Moitra- is the absence of explicit rule (s) barring MPs from sharing their Parliament
login credentials, as the practice of online question submission is relatively
recent. And many MPs are not conversant with the PROCEDURE . BUT, the absence
of specific rules does not diminish the gravity of breaches of parliamentary conduct, and
security aspects of the Country.
The
Ethics Committee's call for a thorough investigation to establish any financial
impropriety further demonstrates the gravity of the case. In a major development in the cash-for-query controversy involving Mrs. Mahua
Moitra, the Central Bureau of Investigation has begun a preliminary probe
against the EXPELLED MP on the
directions of the Lokpal, sources have told NDTV. A preliminary enquiry has
been initiated and the agency will decide whether to file a criminal case
against the EXPELLED MP based on the outcome of this enquiry.
JUDGEMENT
DELIVERED BY SUPREME COURT IN PREVIOUS CASES:
The
Supreme Court has tabled divergent views on similar cases in the past,
reflecting the complexity of parliamentary expulsions. The Raja Ram Pal case of
2007 highlighted that Parliament possesses the power to expel its members,
subject to justifiability. However, the interpretation of Article 101, which
deals with the vacation of seats in Parliament, led to disagreements among the
judges.
While
the majority argued that expulsion was within Parliament's powers, the minority
raised concerns over the exhaustive nature of Article 101 and its silence on
expulsion as a ground for vacancy.
I
will not site the details of previous cases. Those JUDGEMENTS are in PUBLIC
DOMAIN, can be accessed, and read.
LEGAL OPTIONS AVAILABLE TO Mrs. MAHUA MOITRA:
1.0 Mrs. Moitra can
file an appeal against the Ethics Committee's ruling. This could be done by
approaching the Supreme Court or the High Court, pleading to overturn or
provide an order against the decision. The plea would be based on the grounds
of natural justice and principles of fair hearing .But, court may keep the order in abeyance conditionally.
2.0 She could also challenge the jurisdiction and conduct of
the Ethics Committee. She can argue that the committee overstepped its mandate,
that the proceedings were irregular, or they were conducted with malice, and/
or prejudice. In this
case, Court may review whether Article 101 is properly applied, and followed.
3.0 Moitra can seek intervention. Through her party or
independent avenues, she can approach senior Parliament or government
officials, alleging bias, prejudice or any sort of malfeasance in the Ethics
Committee's proceedings. She
has by-passed this route, or so it seems.
4.0 She can seek relief through the defamation suit already
filed by her before the Delhi High Court. If Mrs. Moitra can prove that the
accusations against her were slanderous, fabricated, or damaging to her
reputation, in her defamation case against involved individuals, she may hope
for a reversal of the Ethics Committee's decision. Action already taken, but the appointed Lawyer has
declined to continue with the case.
PRESENT STATUS:
Mrs. Mahua Moitra seemed to have moved to Supreme Court, days after she was expelled as a Lok Sabha MP in connection with the
'cash-for-query' case . Moitra, in her plea, said the decision to expel her was
"illegal”, as per information available".
SOURCE:-
IT, TOI, HT, NDTV
IMAGE:-- INTERNET
Disclaimer:-- All information is from published sources. This
can’t be construed as trial by BLOGGER. This post is a mere REPORTING.
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