NEW DELHI: Trinamool Congress (TMC) leader Mahua Moitra, who was expelled from the Lok Sabha on Friday, could and should knock the doors of the Supreme Court for relief, say legal experts. Former additional solicitor general (ASG) and senior advocate K C Kaushik, while talking to this newspaper, said that Moitra should approach the court for relief under Article 32 of the Constitution.
Article 32 states that an individual has the right to approach the Supreme Court seeking enforcement of his or her fundamental rights recognised by the Constitution. “It means that Moitra, being aggrieved, can directly approach the SC for the remedy instead of making an appeal,” Kaushik said.
Retired Delhi High Court judge Justice R S Sodhi echoed the same view. He said that Moitra in her petition may plead to the Supreme Court that under Article 32, it acts as a guarantor and defender of fundamental rights. Furthermore, the power to issue writs falls under SC’s judicial jurisdiction.
“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,” he said. “She can say that she was not given enough opportunity or 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 can say that the ethics committee order is unfair, unjust and arbitrary,” Justice Sodhi said.
Retired Allahabad HC judge Justice S R Singh also said that Moitra can knock SC’s doors by stating that the ethics committee had done a severe illegality, unconstitutionality or a denial of natural justice to her during its investigation against her.
“She can file an appeal against the order. She can say that there is a complete violation of natural justice and principles of fair hearing,” Justice Singh said.
