Overview
- Chief Justice Surya Kant and Justice Joymalya Bagchi stayed paragraph 89 of the December 19, 2025 Delhi High Court order that asked the Lokpal to reconsider sanction within a month and issued notices to Mahua Moitra, the CBI and complainant Nishikant Dubey.
- The bench also stayed a January 23 High Court extension related to the sanction timeline, saying the Lokpal need not comply with the directive for now.
- The judges expressed prima facie doubts about the High Court’s interpretation and said they will examine the relationship between Sections 20(7)(a) and 20(8) in light of the BNSS and the Prevention of Corruption Act.
- Solicitor General Tushar Mehta told the court the CBI supports the High Court’s statutory reading while insisting Moitra must be investigated, as the Supreme Court clarified it is not permitting prosecution at this stage.
- The Delhi High Court had set aside the Lokpal’s November 12, 2025 sanction for a chargesheet, ruling that the Act allows only a single composite sanction and criticising the Lokpal’s procedure; the Supreme Court’s decision will define the process under Section 20.