Trinamool Congress MP, Mahua Moitra was expelled from Lok Sabha on Friday in the cash for query case after the lower house voted in favour of her expulsion. The motion was put to vote by Lok Sabha speaker Om Birla after the Parliamentary Ethics Committee’s report was tabled and discussed in Parliament. The Committee had recommended Moitra’s expulsion. Considering that the BJP has a rude majority in the Lok Sabha this was only to be expected. Barring 4-5 MPs, none spoke in support of Moitra. Mohua Moitra was accused of asking questions to target Prime Minister Modi in relation to favours granted to businessman Gautam Adani. Moitra it is alleged was acting at the behest of another Dubai-based businessman, Darshan Hiranandani. Allegations are that Hiranandani gave her expensive gifts and also repaired her Delhi residence. In a volte-face Hiranandani gave an affidavit accepting the charges which Moitra claims was got from his under duress which is that Moitra demanded expensive gifts as a favour for asking pointed questions in Parliament to target Adani.
Much before the Ethics Committee headed by BJP MP, Vinod Sonkar had submitted its report, Moitra had accused it of targeting her personal life which amounted to character assassination. She had even walked out in the middle of the Committee’s deliberations. It remains to be seen as to what action Mohua Moitra contemplates following her expulsion. According to Constitutional expert and former Secretary General of the Lok Sabha, PDT Achary, Mahua Moitra has the option of challenging the decision in court based on three primary grounds: the denial of natural justice, gross illegality, and the unconstitutionality of either the House’s decision or the Parliamentary Committee’s process. Achary pointed to Mohua Moitra’s request for the cross-examination of individuals, which was not conducted. He also referred to Moitra’s allegations of ‘filthy questions’ posed by the Ethics panel and the walkout by Opposition MPs, noting that despite these issues, the report was prepared.
Achary is of the opinion that Moitra could argue the denial of natural justice based on these instances. Moitra’s other option is to invoke Article 20, which speaks of the disproportionality of the punishment in relation to the offence. Stating that there are no rules or provisions in the Information Technology Act which prohibits the sharing of passwords and that many MPs do not submit questions in their personal capacity but give out their passwords in case their constituents wish for important questions of national importance to be raised in Parliament.TMC MPs have cried foul and called Moitra’s expulsion the ‘death of democracy’ since the proceeds of natural justice have not been followed. Moitra was not allowed to defend her case in Parliament. Hiranandani, the businessman whose evidence is imperative in this case was never questioned. This is clearly another instance of the BJP riding roughshod over parliamentary procedures to teach anyone who dares to question the Prime Minister or any of his crony capitalists, a lesson they will remember.In the past, protesters against the CAA and other issues too have been languishing in jail, thereby sending out a clear signal that any dissenting voice will be silenced either by unleashing the Enforcement Directorate on them or by arresting them under different sections of the law. Clearly this government is out to silence all dissent inside and outside Parliament.
