The Supreme Court, on Wednesday, directed the Lok Sabha secretary general to respond to the plea filed by Trinamool Congress leader Mahua Moitra challenging her expulsion from the Lower House. A bench comprising Justices Sanjiv Khanna and Dipankar Datta declined to issue an immediate order on Moitra's request to attend Lok Sabha proceedings, stating that granting such permission would be tantamount to providing the main relief sought.
Justice Khanna informed Senior advocate Abhishek Singhvi, representing Moitra, that the interim relief plea would be considered in March. The court also refused to issue notices to Lok Sabha Speaker Om Birla and the Committee on Ethics, both of whom were named as respondents in Moitra's plea. Solicitor General Tushar Mehta, representing the Lok Sabha secretary general, urged against a formal notice, emphasizing that the court should not interfere in the internal disciplinary matters of another sovereign organ of the State.
Mehta argued that parliamentary disciplinary issues are managed through in-house procedures not subject to judicial review. Justice Khanna clarified that the court was not delving into these questions at the moment and left the issues open for adjudication at a later stage. The bench ordered the Lok Sabha secretary general to file a reply within three weeks, with a subsequent rejoinder, if any, to be submitted within the following three weeks. The matter is scheduled for resumed hearing in the week commencing March 11.
Singhvi clarified that Moitra's expulsion was based on the sole ground of sharing her parliamentary log-in details. He argued that Moitra had been expelled under a rule related to hacking, emphasizing that sharing log-in access does not constitute its use, given the additional step of authentication through a One Time Password (OTP). Singhvi further highlighted the absence of a code of conduct regulating password sharing.
Moitra's expulsion occurred after a motion was moved in the Lok Sabha on December 8, accusing her of "unethical conduct." The ethics committee found her guilty of sharing credentials, citing an impact on national security, and recommended a legal and institutional inquiry. Moitra, in response, claimed a lack of natural justice, asserting that she was not allowed to cross-examine complainants. The Supreme Court has deferred the consideration of Moitra's interim relief plea to March, leaving the larger issues open for future adjudication.
(With Agency Inputs)
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