Mahua Moitra MP Fights Multiple Machinations

A Web of Controversies: Mahua Moitra Summoned by Lok Sabha Ethics Committee.

Mahua Moitra Summoned by Lok Sabha Ethics Committee

TMC Lok Sabha MP Mahua Moitra has been summoned by the Ethics Committee of the Lok Sabha for a deposition on 31st October 2023, concerning allegations of accepting gifts in return for posing parliamentary questions. This is far from Moitra's first encounter with controversy; she is well-known for her articulate, well-researched speeches in the Lok Sabha, as well as her insightful social media posts.

Scrutinise the Adani Group: Ms Moitra

Mahua Moitra has consistently called for an in-depth investigation into the affairs of Gautam Adani Group, particularly concerning allegations of questionable investments from tax havens like Mauritius. Her demands gained momentum following the publication of the Hidenberg Report, which coincided with the largest IPO ever of Adani Enterprises Ltd, group’s flagship company.

A Colourful Cast of Characters

The dramatis personae ranges from politicians and businessmen to even a Rottweiler dog named Henry. Despite the ostensibly ordinary cast, the unfolding drama could rival an Agatha Christie novel.

• Jai Anant Dehradrai: A Supreme Court advocate specialising in PMLA matters, believed to be Ms Moitra's former boyfriend.

• Darshan Hiranandani: The wealthy CEO of the Hiranandani Group, but a small fry compared to the Adani Group.

• Nishikant Dubey: A BJP MP from Godda, Jharkhand, who has filed a complaint against Moitra regarding the ethics allegations.

• Henry, the Rottweiler: The bone of contention between Moitra and Dehradrai, originally belonging to the latter.

Allegations and Counter-Allegations

What initially seemed like an innocuous disagreement between two individuals, or what many regarded merely as a lovers’ tiff, has spiralled into a legal maelstrom. Mr Jai Dehradrai alleges that his Rottweiler, Henry, is being unlawfully detained by Ms Moitra. On the other side, the TMC MP, Mahua Moitra, has reportedly filed numerous police complaints against Mr Dehradrai, accusing him of criminal trespass, theft, sending vulgar messages, and verbal abuse.

Political Accusations with National Security Implications

Things escalated significantly on 14th October 2023, when Mr Jai Dehadrai sent a letter to the Director of the Central Bureau of Investigation (CBI). In this letter, he claimed to have "irrefutable evidence" that Mahua Moitra had accepted luxury gifts from businessman Darshan Hiranandani in exchange for posing questions in the Lok Sabha designed to embarrass Gautam Adani and, therefore, by proxy the Prime Minister. What elevates these allegations to a national security quantum orbital is Mr Dehadrai's claim that Ms Moitra shared her official Lok Sabha MP login details with Mr Hiranandani. According to Dehadrai, this enabled Hiranandani, who was in Dubai, to input questions directly onto the Lok Sabha's official website on behalf of Ms Moitra. Among the luxury items allegedly received by Ms Moitra are Louis Vuitton bags, with which she has been frequently photographed outside the Parliament building.

Hiranandani's Revelatory Affidavit

On 20th October 2023, Darshan Hiranandani, while in Dubai, submitted an affidavit duly attested by the office of the Consul General of India. In this document he admitted that he accessed Mahua Moitra's official Lok Sabha account to post questions about the Adani Group's financial dealings. He also confessed to bestowing lavish gifts upon the MP to cultivate business interests in West Bengal.

Political Leverage and Strings Attached

The affidavit outlined the extent of the favours, which ranged from luxury gifts to travel expenses and logistical support. Hiranandani continued these favours, citing Moitra’s close ties with other opposition leaders like Rahul Gandhi, Shashi Tharoor, and Pinaki Mishra, implying that the cost of displeasing her could have wider business and personal ramifications for him.

Lok Sabha Ethics Committee: Inquiry Commences

The affidavit by Darshan Hiranandani quickly reached BJP MP Nishikant Dubey, who submitted a formal complaint to the Privileges and Ethics Committee of the Lok Sabha. Given that the allegations seemed to prima facie indicate illegal gratification being accepted by a public servant, which an MP undeniably is, the matter was swiftly addressed by the Ethics Committee. Both Nishikant Dubey and Jai Dehradrai were summoned, and their statements were recorded on Thursday, 26th October.

Moitra's Categorical Denial: It’s a Political Conspiracy

Mahua Moitra has consistently denied all allegations of misconduct, attributing the ongoing proceedings to a well-orchestrated conspiracy. She suggests that various stakeholders are nervous her probing questions in the Lok Sabha could expose their unethical activities. On her Twitter handle, she revealed that she had rejected two peace overtures from Adani Group intermediaries. The first sought a six-month verbal truce, promising in return to drop the CBI complaint and halt the Ethics Committee proceedings. The second proposal allowed her to criticise the Adani Group but asked her to refrain from casting aspersions on Prime Minister Narendra Modi.

Standing Firm: Social Media and Ongoing Enquiries

Moitra maintained her stance by using Twitter as a platform to convey that she had rejected both peace overtures and warned them against trying to silence or intimidate her. She stated her willingness to face both the CBI inquiry and the Ethics Committee proceedings but also urged the Speaker of the Lok Sabha to expedite her allegations against Nishikant Dubey for purportedly making false statements about his educational qualifications under oath. Amidst this turmoil, she continued to post pictures of herself in red saris as part of the Navratri celebrations, given her devotion to the goddess Durga.

Emotional Stakes: The 'Jilted Ex' and the Custody of Henry the Rottweiler

Jai, portrayed as the "jilted ex," keeps posting photos and videos of Henry, the Rottweiler, expressing his sentimental attachment to the dog. It is understood that Henry remains in the safe custody of TMC MP Mahua Moitra. Jai further claims that he was offered Henry's return on the condition that he withdraw his CBI complaint, an offer he states he refused.

Probing Digital Trails and Legal Complexities

Simultaneously, the Ethics Committee has asked the Ministry of Electronics and Information Technology (MEITY) and the Ministry of Home Affairs to provide all electronic records of communications between Darshan Hiranandani and MP Mahua Moitra. Compliance from the two ministries is expected promptly. Legal experts observe that it's crucial for the Lok Sabha Panel to summon Darshan Hiranandani, the basis for these proceedings, especially given the Consulate General of India in Dubai's a stamp on the attested affidavit that it “does not accept any responsibility for the contents of this document”. Hiranandani remains securely in Dubai without any stated plans to return to India.

Judicial Precedents and their Implications

Attention must be drawn to the legal aspects of the ongoing Ethics Committee proceedings. History points to a similar committee in 2005, chaired by Mr Pawan Kumar Bansal, which recommended the expulsion of 11 MPs involved in a cash-for-questions scandal, a decision later upheld by the Supreme Court. Conversely, a 1993 judgement involving Jharkhand Mukti Morcha (JMM) MPs presented a different viewpoint, stating MPs were immune from prosecution for actions on the Lok Sabha floor. Given the contrasting precedents, the matter now rests before a 7-Judge bench of the Supreme Court, with a verdict unlikely in the near future.

Legal experts suggest that, based on the Pawan Bansal Committee case, the Ethics Committee and subsequently the Lok Sabha could expel Ms Mahua Moitra if allegations are proven. However, whether criminal prosecution would follow remains a grey area, especially since many actions in question occurred outside Lok Sabha proceedings but are directly related to it. Experts believe agencies might turn Mr Darshan Hiranandani into an approver to testify against Ms Moitra, and obtaining a sanction for prosecution from the Lok Sabha Speaker would likely not pose a challenge.

The Political Landscape and the Fate of Henry: An Uncertain Horizon

While Mahua Moitra continues to wage a strong, solitary battle amid attacks from various quarters, the General Secretary of the TMC, Abhishek Banerjee, who is also the nephew of Bengal Chief Minister Mamata Banerjee, seems to be surprisingly reticent in the situation. He clarified that the Party would decide its course of action after the privileges/ethics panel concludes its investigation.

As we ponder this intricate web of political and legal dynamics, one question remains tantalisingly open: What will become of Henry, the Rottweiler dog, who has unwittingly found himself at the centre of this maelstrom?¹

1. In her latest interview with India Today's Rajdeep Sardesai, Mahua Moitra did not deny receiving valuable gifts. Regardless of how the Ethics Committee's proceedings against her personally unfold, we believe this case will serve as a milestone in defining ethical standards for MPs and MLAs concerning the acceptance of gifts and other valuable considerations. As it stands, there's no universally accepted and legally enforceable code on this matter. The prevailing rationale seems to be that, since MPs and MLAs who are not ministers do not make official decisions, these gifts cannot be classified as "illegal gratification," given that no direct quid pro quo is involved.