SC declines interim relief, seeks Lok Sabha SG’s reply

The Supreme Court on Wednesday heard arguments in Trinamool Congress MP Mahua Moitra’s plea challenging her expulsion from Lok Sabha. While declining to grant her immediate reinstatement, the court issued a notice to the Lok Sabha Secretary General, seeking a detailed response within three weeks.

The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, rejected Moitra’s request to attend the upcoming Budget Session, stating it would effectively grant her the main relief.

The top court also refused to issue notice to Lok Sabha Speaker Om Birla and the Committee on Ethics of the House. Both were made respondents by Moitra in her plea.

Senior advocate Abhishek Singhvi, appearing for Moitra, argued that her expulsion for sharing her parliamentary login details was arbitrary and violated principles of natural justice.

Responding to Moitra’s arguments, Solicitor General Tushar Mehta, representing the Lok Sabha Secretary General, defended the expulsion. He contended that Parliament’s internal disciplinary matters were not subject to judicial review and that Moitra’s plea should be dismissed. Mehta invoked the principle of separation of powers, arguing that judicial interference in Parliament’s functioning would be unconstitutional.

Undeterred by Mehta’s arguments, Singhvi countered that the expulsion was based on flimsy grounds and amounted to an attack on parliamentary democracy. He highlighted the lack of existing rules regarding password sharing and the absence of cross-examination opportunities for Moitra during the Ethics Committee proceedings.

The court, acknowledging the complexity of the case, opted for a cautious approach. This interim decision, while leaving Moitra temporarily out of the House,

sets the stage for a potentially

pivotal showdown between the judiciary and Parliament on the issue of internal disciplinary matters.

The court will hear the case again in the week commencing March 11, 2024.