Top court to clarify law on sanctions under Lokpal act

The Supreme Court on Friday issued notice to Trinamool MP Mahua Moitra on a plea filed by the Lokpal of India challenging a Delhi HC judgement which had ruled that separate sanctions for the filing of a charge sheet and initiating prosecution are not contemplated by Lokpal and Lokayukta Act, 2013.

Holding that Section 20 of the Lokpal Act did not contemplate the separate grant of a sanction for filing of a charge sheet, and the sanction is granted only in a composite manner for prosecution, the HC had in December last year quashed the sanction granted by Lokpal to CBI to file a charge sheet against Moitra relating to the cash-for-query row. Aggrieved, Lokpal petitioned the SC. The SC has also issued notices to CBI and BJP MP & complainant Nishikant Dubey, who had first raised the cash-for-query allegations against Moitra.

A division bench headed by CJI Surya Kant and Justice Joymalya Bagchi said it will comprehensively deal with the issue. , "We will comprehensively lay down the powers of Lokpal and the statutory restrictions if any," CJI Kant verbally remarked. The bench also clarified that the probe against Moitra will remain paused for now.