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Supreme Court refuses to allow TMC leader Mahua Moitra to participate in Parliament proceedings

By DAYANAND MOHITE | published: January 03, 2024 09:09 PM 2019-02-12T14:15:30+5:30

Supreme Court refuses to allow TMC leader Mahua Moitra to participate in Parliament proceedings

city : national

Senior advocate Abhishek Manu Singhivi, appearing for Moitra, submitted in the apex court that Moitra was only expelled for sharing the login details of the Lok Sabha website with her friend and businessman Darshan Hirnandani, despite the fact that there was no law or code of conduct which regulates sharing of login details and password of the Lok Sabha with others.

The Supreme Court on Wednesday declined expelled Lok Sabha Trinmool Congress Member of Parliament Mohua Moitra’s request to participate in the Budget Session of the Lok Sabha proceedings while hearing a petition by her challenging her expulsion from the house.

The top court issued a notice to the Lok Sabha Secretariat seeking its response to the petition filed by Mohua Moitra.

What did Mahua Moitra argue in the apex court?

Senior advocate Abhishek Manu Singhivi, appearing for Moitra, submitted in the apex court that Moitra was only expelled for sharing the login details of the Lok Sabha website with her friend and businessman Darshan Hirnandani, despite the fact that there was no law or code of conduct which regulates sharing of login details and password of the Lok Sabha with others.

Singhivi also submitted before the court that while proceedings were going on before the ethics committee, she was not given a chance to cross examine the complainants and the witnesses. Singhivi also impressed on the court that Darshan Hiranandani who is the witnesses in the case was also not called by the ethics committee for deposition and on the allegation of bribery they has not been any money trail that has been discovered.

Shared login details and one time password like all MPs do: Moitra

However, Moitra’s lawyer claimed in the court, “Yes, I shared my login details and one time password that only comes on my phone with Hiranandani, like all MPs do by sharing details of their logins with their staff.”

Singhivi also argued that her expulsion was against the established principles of natural justice as “MPs were not given full copy of the committee report even till the motion of expulsion was discussed in the house.

Secretary General of the Lok Sabha raises preliminary objection to court hearing Moitra’s plea

At this stage, Solicitor General of India, Tushar Mehta, who appeared for the Secretary General of the Lok Sabha, took preliminary objection to the court hearing the petition. He argued that what the Lok Sabha did was akin to sovereign organ of the state deciding its internal disciple and what is the scope of judicial review in such cases needs to be settled.

However, the Supreme Court issued notice to the Lok Sabha Secretariat in the matter and has relisted the mater for further hearing in the second week of March.

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