NEW DELHI: Legal experts said that the expelled Trinamool Congress (TMC) leader and former Lok Sabha MP, Mahua Moitra could and should knock on the doors of the Supreme Court under Article 32 of the Indian Constitution and challenge her expulsion from the lower house of the Parliament and sought relief, in the 'cash-for-query' scam.
Former Additional Solicitor General (ASG) and senior Supreme Court lawyer, K C Kaushik, talking to The New Indian Express, said that under Article 32 of the Indian Constitution, Moitra shall move the Apex Court and seek relief.
Moitra can certainly move to SC under Article 32 of the Constitution, which is a fundamental right. The article states that an individual has the right to approach the Supreme Court seeking enforcement of his or her fundamental rights recognized by the Constitution. "It means that Moitra, being aggrieved, can directly approach the SC for the remedy instead through the way of appealing," Mr Kaushik told TNIE.
Retired Delhi High Court Judge, Justice R S Sodhi, also echoed similar views to Mr Kaushik.
Justice (Retired) Sodhi, said that Moitra in her petition may lead to the Supreme Court that under article 32, the SC acts as a guarantor and defender of fundamental rights. Furthermore, it is originally under the SC's jurisdiction power to issue the writs.
For every action, there is always a remedy available. Moitra should tell and plead to the Apex Court that the due and correct procedure was not followed, Justice Sodhi said. She can say that she was not given enough opportunity or even not allowed to place her things or arguments or facts into record, as a result of which she was expelled from the Lok Sabha. "She shall say that the ethics committee order is unfair, unjust and arbitrary," Justice Sodhi said.
"The SC has the power of judicial jurisdiction and can hear the case," he said.
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Another Retired Judge from Allahabad HC, Justice S R Singh, also said that Moitra could knock on the doors of the Supreme Court by stating that the Ethics Committee had done severe illegality, unconstitutionality, or a denial of natural justice to her during the committee's investigation against her.
"She can file an appeal against the Ethics Committee's order of her expulsion. She can say that there is a complete violation of natural justice and principles of fair hearing," Justice Singh said.
Another Retired Judge of Patna High Court, Justice Anjana Prakash, said that she can go to SC. Even she can appeal in the Delhi HC. But keeping in view the seriousness of the case, she may move to SC. The grounds are very obvious.
"The Ethics committee had crossed its jurisdiction and had malafide intentions against her. She can also say under what statute, she is expelled and the proceedings were irregular, or the Committee's proceedings and functioning were conducted with prejudice, and malafide intention. She can allege biasness against the Ethics committee," Justice Prakash said.
49-year-old TMC leader Moitra was expelled as a Lok Sabha Member of Parliament (MP) after she was found guilty by the Ethics panel in the 'cash-for-query' case.
She, however, claimed innocence in the case and blasted and slammed the Ethics Committee's report, which said she accepted gifts and cash from a businessman to ask questions in Parliament to corner the Narendra Modi-led BJP government
