By Parmod Kumar
New Delhi, March 13 (UNI) The Supreme Court on Friday agreed to examine the legal framework governing sanction under Section 20 of the Lokpal and Lokayuktas Act, 2013, which deals with sanction to investigating agencies to file chargesheets and initiate prosecution against public servants accused of corruption. The Court also put on hold the investigation against Trinamool Congress MP Mahua Moitra in the cash-for-query case for now.
A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice and sought responses from Mahua Moitra, the Central Bureau of Investigation (CBI), and BJP leader Nishikant Dubey, who had first raised allegations that Moitra allegedly accepted benefits in exchange for raising questions in Parliament.
“We will comprehensively lay down the powers of Lokpal and the statutory restrictions if any,” CJI Surya Kant said agreeing to examine the issue raised in Lokpal’s petition.
The matter reached the top court after the Lokpal of India challenged a December 2025 Delhi High Court Judgment which had set aside its (Lokpal’s) decision permitting the CBI to file a chargesheet against Moitra. The High Court had held that the Lokpal’s approval was contrary to the procedure prescribed under the Lokpal and Lokayuktas Act and directed the anti-corruption body (Lokpal) to reconsider the question of sanction.
While hearing the Lokpal’s plea seeking clarity on the scope of its powers under Section 20, the Supreme Court indicated that the provision required authoritative interpretation. The Bench observed that it would examine the statutory scheme in detail to determine the extent of the Lokpal’s authority and any limitations placed on it while granting sanction to proceed against public servants.
Until the issue is settled, the Court said it would not permit prosecution to proceed with in Moitra’s case.
The Court also paused the Lokpal from complying with the High Court’s direction to take a fresh decision within a fixed timeline.
The bench noted that the dispute essentially revolves around the interpretation of the sanction mechanism under the Lokpal Act and how it operates alongside the Prevention of Corruption Act and criminal procedure law.
The case arises from allegations that Moitra received cash and luxury gifts from Dubai-based businessman Darshan Hiranandani in return for raising parliamentary questions. Acting on a complaint made by Dubey, the Lokpal had earlier directed the CBI to investigate the matter and later granted approval for the agency to file a chargesheet.
Moitra challenged the sanction before the Delhi High Court, arguing that the Lokpal had not followed the procedure under Section 20 and had granted approval without properly considering her submissions. The High Court accepted her contention and set aside the sanction order, prompting the Lokpal to approach the Supreme Court.
The petition now before the Court seeks clarity on whether the Lokpal can grant approval for filing a chargesheet after investigation and whether a separate sanction for prosecution is required before trial. The matter will be taken up after the parties file their responses.
