NEW DELHI: Trinamool Congress leader Mahua Moitra, who was expelled from the Lok Sabha on cash-for-query charges on Friday, is set to approach the Supreme Court to challenge the decision of the ethics committee, according to sources.
“Moitra might approach the Supreme Court at the earliest. She has been consulting legal experts to seek their views on the matter,” said a source close to the leader. The Trinamool leader was expelled after the Lok Sabha adopted the report of the ethics committee, which held her guilty of “unethical conduct” and contempt of the House. The panel also recommended an “intense, legal, institutional inquiry” by the Centre in a “time-bound manner”.
Speaking to this newspaper, former Lok Sabha secretary general P D T Achary said Moitra has the option of challenging the expulsion in the Supreme Court on the grounds of natural justice and principles of fair hearing. He said the ethics panel does not have the jurisdiction to punish a member.
“The ethics committee recommended expulsion on account of ‘unethical conduct’ and serious misdemeanor. How do they define unethical conduct?” he asked, adding the allegations that Moitra received cash and gifts from a businessman to ask questions in the Lok Sabha should have been probed by the privileges committee.
While the panel held her guilty of compromising national security by sharing her Parliament login ID and password with unauthorised persons, Achary argued that there were no rules that prohibit MPs from doing so. “In the absence of any rule of law, what violation are they talking about? Under Article 20 of the Constitution, a person cannot be punished unless there is an offence committed as per law,” he asserted.
Same seat likely for Moitra
Mahua Moitra’s expulsion would dominate Mamata’s protest in Delhi on Dec 17. Party sources say Moitra has been directed to spend as much time as she used to give to Krishnanagar, her constituency, as Mamata gave a clear hint that the Trinamool would field her from the same seat in the next LS polls | P7