News Paper Cutting regarding Arrest by ED does not violate Privacy policy: Delhi HC dismisses Writ Petition of Former Parliament Member [Read Order]

The Delhi High Court observed that newspaper cutting regarding the arrest by the Directorate of Enforcement ( ED ) does not violate the privacy policy and dismissed the Writ petition of the former parliament member. The court found that the Advisory on Media Policy issued by the Government of India vide Office Memorandum dated 01.04.2010 has been and is being followed, and after perusing the news articles.     

The Petitioner, Mahua Moitra has approached the Court to direct Respondent No.1/ED to prevent any information from being leaked, including any confidential, sensitive, unverified/unconfirmed information, to the print / electronic media to the ongoing investigation/proceedings carried out by Respondent No.1/ED.

The Petitioner is a former elected Member of Parliament from Krishnanagar, West Bengal constituency and is a member of the All India Trinamool Congress Party ( AITC ). An investigation has been initiated by the Respondent No.1/ED against the Petitioner for an alleged violation of the provisions of the Foreign Exchange Management Act, 1999

The Respondent No.1/ED had issued a summons to the Petitioner calling upon her to appear physically before the Respondent No.1/ED on 19.02.2024 along with certain documents. It was stated that the said summons were received at the address on 16.02.2024. The news articles in question were published regarding these summons issued by Respondent No.1/ED to the Petitioner even before the Petitioner received the summons.

It is stated that certain news about the investigation has also been published, which according to the Petitioner has been leaked by Respondent No.1/ED. It is the case of the Petitioner that Respondent No.1/ED has leaked information regarding the issuance of summons to the Petitioner even before the Petitioner received the summons.

Senior Counsel appearing for the Petitioner has drawn the attention of the Court to the Advisory on Media Policy issued by the Government of India vide Office Memorandum dated 01.04.2010 regarding sharing of information by the investigating agency with the public through media.

Counsel appearing for Respondent No.1/ED has categorically denied that Respondent No.1/ED is leaking any sensitive information to the press regarding the investigation being carried out against the Petitioner and stated that Respondent No.1/ED is scrupulously following the Office Memorandum dated 01.04.2010 which is the advisory on media policy regarding sharing of information by the investigating agency with the public through media.

Justice Subramonium Prasad observed that the newspaper cuttings do not deal with the private life of the Petitioner but are only reportings regarding the investigation that is being conducted against the Petitioner who is a public figure and is unrelated to her private life.

The single bench observed that there is nothing in the news articles that would have the effect of invading the privacy of the Petitioner or tend to impair the impartiality of the investigation or it can have the effect of prejudicing the trial of the Petitioner in the event it is initiated. It is well settled that Gag Orders against the media can be passed only when it has the potential to prejudice any investigation or an ongoing trial.

The court found that the Advisory on Media Policy issued by the Government of India vide Office Memorandum dated 01.04.2010 has been and is being followed, and after perusing the news articles. The Court dismissed the writ petition.

To Read the full text of the Order CLICK HERE

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