“Panels Don’t Have Criminal Jurisdiction”: Mahua Moitra Writes Day Before Hearing

Trinamool Congress MP Mahua Moitra has claimed the Lok Sabha ethics committee that is looking into the cash-for-query controversy does not have powers to examine allegations of alleged criminality. She released her response today that she had prepped to give to the committee tomorrow when she appears before them. This, Ms Moitra said, was because the “ethics committee deemed it fit to release my summons to the media…”

“… I think it is important that I too release my letter to the committee before the ‘hearing’ tomorrow,” Ms Moitra said in a post on X.

In a letter to the committee chairperson Vinod Kumar Sonkar, Ms Moitra claimed the absence of this power was deliberately kept that way by “our nation’s founders” to prevent misuse of committees by government that enjoy brute majority in parliament.

She also repeated her demand to cross-examine businessman Darshan Hiranandani. The businessman has alleged Ms Moitra took questions from him to ask in parliament, and also admitted he used Ms Moitra’s parliamentary login ID and password to post questions from Dubai – a situation, if proved, will mean a breach of privilege and lead to her suspension from parliament.

In the post on X today, Ms Moitra said the parliamentary ethics committee may not be the “appropriate forum to examine allegations of alleged criminality”.

“I wish to respectfully remind you that parliamentary committees do not have criminal jurisdiction and have no mandate to investigate alleged criminality. This can only be done by law enforcement agencies. This check was specifically created by our nation’s founders to prevent the slightest misuse of committees by governments enjoying a brute majority in parliament,” Ms Moitra said in a letter to the ethics committee chairperson Vinod Kumar Sonkar.

Since Ethics Committee deemed it fit to release my summons to the media I think it is important I too release my letter to the Committee before my “hearing” tomorrow. pic.twitter.com/A8MwFRsImk

— Mahua Moitra (@MahuaMoitra) November 1, 2023

Supreme Court lawyer Jai Anant Dehadrai, on whose complaint to the Central Bureau of Investigation (CBI) the entire case rests, was cross-examined by the ethics committee on October 26, while BJP MP Nishikant Dubey, who led the call to investigate the allegation that Ms Moitra gave her parliament login ID to the businessman, was allowed to explain his allegations.

Referring to the CBI complaint, Mr Dubey had written to Lok Sabha Speaker Om Birla and levelled cash-for-query allegations against Ms Moitra. The Trinamool MP has called the Supreme Court lawyer her “jilted ex”.

Ms Moitra, one of the fiercest critics of Prime Minister Narendra Modi and the BJP, will appear before the ethics committee tomorrow. She asked the committee to ensure there is “no room for political partisanship” in their functioning.

She alleged the committee has not made any code of conduct for MPs to follow.

“It is important to note that till date the committee on ethics has not formulated any code of conduct for members and in fact the committee has not even had any sittings in the past two years. I wish to most respectfully point out that in view of the lack of a structured code of conduct, it is all the more important that each case be dealt with in an objective and fair manner…” the Trinamool Congress MP said in the letter to the ethics committee chairperson.

The ethics committee will give a report to the Lok Sabha Speaker “as early as possible”, people with direct knowledge of the matter told NDTV last week, referring to the Pawan Bansal committee that gave its report in just two weeks in December 2005 in the infamous cash-for-questions scam when the United Progressive Alliance (UPA) was in power in the centre.

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