Mahua Moitra’s Expulsion Inspires Opposition Unity

The expulsion of Mahua Moitra, the Member of Parliament belonging to the Trinamool Congress, has sparked a controversy. Not only the legal issues involved were seen to have been flagrantly violated, but even the principles of natural justice were given a go by.

Yet, the expulsion has created optics of Opposition Unity, with Congress Parliamentary Party Leader Sonia Gandhi firmly rallying behind Mahua Moitra.

This has further cemented the INDIA bloc, despite the electoral setback in the Hindi-Heartland States. This is a striking example of Institutions being under siege.

Coming so closely on the heels of a similar expulsion from Parliament of Rahul Gandhi, and getting him to vacate the Government accommodation, which, however, were restored, following the Supreme Court ruling, Mahua Moitra expulsion had a galvanising impact for Opposition Unity.

Clearly, the Opposition has picked up the gauntlet thrown at it by the Modi Government. What has surprised the Opposition more is the manner in which the parliamentary procedure was hustled through by the Modi Government, to expel Mahua Moitra from Parliament.

Indeed, Mahua Moitra’s expulsion has raised eyebrows. Were parliamentary rules and procedures tweaked by the Modi Government to achieve its political objectives, is the question uppermost in the minds of political observers.

Reason is that the Privileges Committee of Parliament alone can recommend expulsion of an MP, and not the Ethics Committee.

In fact, the Ethics Committee can only recommend suspension of any errant MP. In this case of alleged cash-for-query, there was no cash trail established, to prove the alleged guilt of the Trinamool Congress leader.

In this case, the recommendation for expulsion is solely based on the sharing of the login and password for the web portal, on which there are no rules put in place, prohibiting it, in the first place. The choice of words of unauthorised person does not apply, as there are no authorised persons defined under law, to say who is authorised and with whom to share, and not to share, the login details.

As such, Mahua Moitra did not commit any offence under the criminal law.

In a classic case of putting the cart before the horse, Mahua Moitra was summarily expelled from Parliament and, almost as an after-thought, now the case is being handed over to the CBI for investigation.

In fact, it should have been the other way round. Initially, the CBI ought to have investigated the case thoroughly, establishing the money trail, before proceeding ahead with punitive action.

Earlier, in the cash-for-query case in 2005, when 10 MPs in the Lok Sabha were expelled, the issue was referred to a special committee headed by Pawan Kumar Bansal. Based on a sting operation, there was evidence available. But, in this case, there is need to look for the link between the questions raised by Mahua Moitra, to a money trail to establish guilt, which is woefully lacking.

Following her defeat in Rae Bareli in Uttar Pradesh in the General Election in 1977, Indira Gandhi won a by-election to Parliament from Chikmagalur in Karnataka in November, 1978, days ahead of the Winter Session of Parliament. As soon as the Winter Session started, the Janata Party Government moved ahead to expel her from Lok Sabha, almost immediately, on the recommendation of the Privileges Committee.

Similarly, Rahul Gandhi was expelled from Parliament in 2023 and he was asked to vacate his Government accommodation immediately, following his conviction in a defamation case, though, on his appeal, the Supreme Court restored it.

The Ethics Committee can only recommend suspension, but it has no power to recommend expulsion. After Rahul Gandhi, Mahua Moitra is a high-profile leader by whose expulsion, the Modi Government wants to send a message to the Opposition.

Now, what are the charges? Mahua Moitra got her Questions typed through the secretarial staff of her friend. Another charge relates to her sharing the OTP with the staff assisting her to submit her Parliament Questions online.

Yet another charge is that National Security has been seriously compromised, in the process. What is there in Parliament Questions? These are questions raised by MPs, eliciting information on issues of public concern.

But these are only questions. Ultimately, these have to be answered only by the Government, at its own discretion. What are the State secrets being traded away?

National Secrets are never given away even in the answers. So, Parliament Questions, by their nature, cannot give away National Secrets. Questions elicit information and not give away National Secrets.

Sharing of login details and password is nothing new. It is commonly done by all technologically-challenged MPs. Most commonly, during the filing of Income-Tax Returns annually, year after year, people do share the OTP received on the assessee’S mobile, with their CA, in order to submit the ITR.

Otherwise, the ITR cannot be submitted. Besides, the ITR is prepared by the CA on his laptop.

Now this outsourcing and sharing of OTP is not considered a criminal offence. It is not even listed as a crime under the criminal law. Then, what is the serious crime committed by Mohua Moitra for which she was subjected to such an extremely harsh punitive action?

Mahua Moitra revealed that when in Mumbai, she uses her friend's car for local transportation. She also revealed that he helped design her MP house renovation in Delhi.

This was not something discovered either by the Intelligence or other Government agencies, but revealed by Mahua Moitra. What was wrong with it?

Mahua Moitra was not allowed the basic courtesy of civil and decent dealing with her. Even the principle of natural justice was not allowed in her case, denying her even the right to cross-examination and her intrinsic right to present her own version effectively.

The Janata Party Government expelled Indira Gandhi for breach of privilege in the previous Lok Sabha in 1978. The case made out against her was that she misled the House by way of sharing information. But this was something untenable because, once the House is dissolved in 1977, the issue itself lapses.

A vindictive Janata Party Government not only went ahead to expel Indira Gandhi, but had gone to the extent of putting her in Tihar Jail in a cell along with convicts serving life-term for murder. The sentence was till the Winter Session of Parliament adjourned sine die.

But the Session was extended by a few more days, in order to prolong her imprisonment in jail. In 1980, Indira Gandhi staged a dramatic and triumphant comeback to power, with the blessings of the people.

Those who do not seem to learn from history are bound to end up allowing history to repeat itself.

Venkat Parsa is a senior journalist. The views expressed here are the writer’s own.