Lok Sabha Asserts Authority: Defends Moitra’s Expulsion in SC Amid Allegations of Ethical Misconduct

The Lok Sabha Secretariat defended its decision to expel Trinamool Congress (TMC) MP Mahua Moitra in the Supreme Court, asserting the supremacy of Parliament in its internal affairs. Moitra faced expulsion over alleged “ethical misconduct,” specifically for sharing her parliamentary login credentials with Dubai-based businessman Darshan Hiranandani.

In its affidavit submitted to a bench comprising Justices Sanjiv Khanna and Dipankar Datta, the Secretariat argued that Moitra’s challenge to her expulsion is not maintainable as Parliament holds sovereign authority over its internal proceedings. The affidavit stressed that members cannot invoke fundamental rights concerning the House’s powers, privileges, and immunities.

The Secretariat emphasized Moitra’s admission of sharing her login credentials, citing 47 instances of such sharing between 2019 and 2023. It criticized Moitra’s defense, noting that she justified the sharing as necessitated by the need for secretarial assistance from someone in Dubai, which the Secretariat deemed unfounded.

As Moitra confessed to sharing her credentials, the Secretariat contended that her right to cross-examine Hiranandani or BJP MLA Nishikant Dubey, the complainant, was not infringed upon. The focus, the Secretariat argued, remains on Moitra’s unethical conduct as a parliamentarian.

The Secretariat defended its decision further, citing the Ethics Committee’s findings of potential vendetta between Hiranandani and Moitra, which were referred for investigation. It underscored the grave breach of parliamentary rules and potential national security threats posed by sharing login credentials with unauthorized individuals.

The case was heard in the Supreme Court on Monday but adjourned until May. Moitra, a TMC MP from Krishnanagar, West Bengal, faced expulsion on December 8 on allegations of accepting cash for questioning in Parliament. The Lok Sabha expelled her through a voice vote, based on the Ethics Committee’s report, which included accusations of sharing login credentials and accepting gifts from Hiranandani. The complaint was initially raised by lawyer Jai Ananth Dehadrai, and subsequently, BJP MP Dubey accused Moitra of impropriety in September.