Expel Moitra, says panel; Speaker to take final call

The Lok Sabha ethics committee on Thursday adopted a report recommending the expulsion of Trinamool Congress (TMC) parliamentarian Mahua Moitra for sharing her login credentials and password with an unauthorised person, its impact on national security, and finding that it amounted to unethical conduct and contempt of the House.

The recommendations of the report, which was adopted by a margin of 6-4, also mentioned that Moitra accepted “money — cash and kind, amenities and various other facilities” from businessman Darshan Hiranandani, with whom the password and login details were shared. It also noted that 50 out of the 61 questions asked by Moitra in Parliament sought information “with the intent of protecting or perpetuating business interests” of Hiranandani.

“Moitra had deliberately shared her Lok Sabha login credentials with Darshan Hiranandani, a business tycoon, based in Dubai, United Arab Emirates, thereby, facilitating him to operate the same from Dubai for raising parliamentary questions in Lok Sabha. Therefore, Smt Mahua Moitra is guilty of unethical conduct, breach of her privileges available to members of Parliament and contempt of the House,” the panel concluded.

Officials aware of the matter said that Moitra — a first-time lawmaker from Krishnanagar in West Bengal— is set to be removed from the Lok Sabha on the first day of the winter session after the report is laid in the House.

“The serious misdemeanours on the part of Mahua Moitra calls for severe punishment. The committee, therefore, recommend that Mahua Moitra, MP, may be expelled from the membership of the 17th Lok Sabha,” the report said.

Preneet Kaur, a suspended Congress parliamentarian, voted along with the ruling dispensation and backed the recommendation to expel Moitra, one of the most vocal lawmakers from the Opposition.

The panel also asked for an “intense, legal, institutional inquiry” by the Centre in a time-bound manner in view of the “highly objectionable, unethical, heinous and criminal conduct of Mahua Moitra”.

The report said that allegations of accepting “illegal gratification” by Moitra from Hiranandani were “clearly established” which were “undeniable” and “based on systematic deliberations” of the ethics committee.

“...the committee would like to emphasise that taking gifts and other facilities from a businessman to whom she had even handed over her official login credentials...may be in small quantity/numbers or on a few occasions, amounts to illegal gratification and a quid pro quo, which is not only unbecoming of a member of Parliament but also grossly an unethical conduct,” the report said.

It added it didn’t have the technical wherewithal or expertise to investigate the alleged money trail, and therefore recommended a government investigation.

If expelled, Moitra will become the only first-time member to be removed from Parliament over cash-for-query allegations. Parliament expelled 11 lawmakers across several parties over similar allegations in 2005.

Moitra dismissed the conclusions of the report.

“Even if they expel me in this Lok Sabha, I will be back in the next Lok Sabha with a bigger mandate. This is a pre-fixed match by a kangaroo court, which is of no surprise or consequence. But the larger message for the country is that for India, it is death of parliamentary democracy,” Moitra told news agency PTI.

The panel, chaired by Bharatiya Janata Party member Vinod Kumar Sonkar, also “admonished” Bahujan Samaj Party lawmaker Danish Ali for allegedly twisting and moulding the intent of the chairman’s questions to Moitra and allegedly fomenting public sentiments against the panel. .

As soon as the ethics committee meeting began at 4pm on Thursday, Ali and Janata Dal (United) lawmaker Giridhari Yadav protested against the recommendations of the draft report, which was circulated to the 15 members of the panel on Wednesday evening, people aware of the developments said. But Sonkar called for a vote and the report was adopted by a majority, the people cited above added.

The report of the home, information technology, and external affairs ministries weighed against Moitra’s efforts to absolve herself of the charges.

In its reply to the panel on October 31, the IT ministry underlined the threats that the country faces from State and non-State cyber actors and said “such leakage of credentials could render the system vulnerable to serious cyberattacks and potentially disable the system entirely, thereby crippling the functioning of the Parliament of India.”

It also pointed out that draft copy of bills are sent to the member’s portal. “For instance, it is learnt that the J&K Delimitation Bill, 2019 was circulated in advance. This leads to the possibility of leakage of such sensitive material which could be exploited by inimical elements to the detriment of national security. Transfer of login credential to unauthorized elements could provide an opportunity to such elements to access the system leading to several potential hazards,” the ministry said, according to the report adopted on Thursday.

The IT ministry said some elements could plant material into the system that could impact national security by creating false documents or fake narratives.

The panel noted that Hiranandani, who in an affidavit admitted that Moitra gave him login credentials, is an Indian national but has residency rights in the UAE. “Moreover, he has close relatives who are foreign nationals. This creates a serious risk of leakage of sensitive material to foreign agencies,” the IT ministry told the ethics committee, according to the report.

The panel concluded that the Trinamool lawmaker visited the UAE on four occasions between January 1, 2019 and September 30, 2023, and “her login credentials, i.e., members portal had been operated from Dubai, UAE on 47 occasions.”

The report said the member’s portal was accessed from the same IP address on all 47 occasions.

The panel shared the security concerns of the home and IT ministry over the transfer of login credentials to unauthorised people, and also concluded that Hiranandani’s affidavit on October 20 — which corroborated the charges against Moitra — was genuine. It recommended no action against Hiranandani.

The committee also pointed out that sections 66 and 43 of the Information Technology Act, 2000 prescribed punishment for sharing passwords and other sensitive personal data or information.

The committee also said that 50 out of 61 questions by Moitra in Parliament “shockingly” sought information with the intent of protecting or perpetuating Hiranandani’s business interests.

The panel accused Moitra of compromising national security by “irrepressible and reckless actions” and said the extent of it “could only be pragmatically quantified by undertaking a structured institutional by the Government of India.”

The Trinamool lawmaker, who garnered popularity with her fiery speeches in Parliament, told the panel she received gifts from Hiranandani, including a Hermes scarf and Bobbi Brown lipstick; the businessman provided her cars in Dubai and Mumbai and gave the layout drawing when she renovated her official Telegraph Lane bungalow, according to the report.

The panel concluded that it was established that Moitra accepted “illegal gratification” from Hiranandani.

The row began after BJP lawmaker Nishikant Dubey wrote to Lok Sabha speaker Om Birla last month on the basis of a complaint by lawyer Jai Anant Dehradai, who alleged Moitra accepted money and favours to ask questions in Parliament. Moitra denied the charges that she received gifts, and asked other parliamentarians if they never shared their passwords.

The ethics panel held two meetings on September 26 and October 2. Dubey and Dehadrai, the two complainants, deposed in the first meeting. Moitra deposed in the second meeting but walked out of it during her cross-examination, accusing chairman Vinod Sonkar of asking “filthy and personal questions.” Sonkar later alleged that Moitra used anger to deflect legitimate questions, and used unparliamentary language against the panel and the chair.

Answering a question related to Moitra, Union finance minister Nirmala Sitharaman said the MP had been given an opportunity to present her case in the committee, but “did she avail the opportunity?” adding that the allegations against Moitra concern the parliamentary system.

Senior Congress leader and Ethics Committee member Uttam Kumar Reddy said that there is no proof of cash transfer in the case. “What ‘cash for query’ are you talking about? Where is the cash transfer? There is no proof. In any of the allegations or affidavits, there is no cash transfer,” Reddy said speaking to ANI on Thursday.

“Secondly, sharing of NIC login password with other person is a grey area, all MPs get their questions put through their PAs,” Reddy added.

Expressing solidarity with Moitra, the Trinamool Congress (TMC) labelled the move as “vendetta politics,” accusing the BJP of attempting to stifle voices critical of the central government. General secretary Abhishek Banerjee questioned the committee’s decision. “If they don’t have any proof, then how can it recommend expulsion? This is nothing but vendetta. People are well aware of this.”

This is the second cash-for-query case in Parliament in two decades. A sting operation by online site Cobrapost on December 12, 2005, had showed 11 MPs accepting cash in exchange for raising questions in the Parliament. On December 24, 2005, Parliament voted to expel the 11 MPs. Pranab Mukherjee, the leader of the Lok Sabha at the time, introduced a resolution asking for expulsion of the MPs while then PM Manmohan Singh did the same in the Rajya Sabha.