Delhi HC rejects Mahua Moitra’s plea seeking media gag; Says: ‘No news article is about her private life’
Advocate Siddhant Kumar, appearing for ANI, argued before the High Court that the reporting related to a public figure about acts committed as a public servant.
New Delhi: The Delhi High Court has dismissed a plea by TMC leader Mahua Moitra seeking to restrain the Enforcement Directorate (ED) from leaking ‘confidential or unverified information’ to the media. While ruling on the media hoax, the court has said, “There is nothing in the news articles that could have the effect of invading the privacy of the petitioner…”. The plea specifically related to the investigation against her under the Foreign Exchange Management Act, 1999 (FEMA).
The Delhi HC said: “This court has carefully gone through the various news articles accompanying the writ petition. The newspaper clippings are not about the private life of the petitioner, but merely reports about the investigation being conducted against the petitioner, a public figure, and this has no connection with her private life.”
“There is nothing in the news articles….”
The bench of Justice Subramonium Prasad also said, “There is nothing in the news articles that would have the effect of invading the privacy of the petitioner (Mahua Moitra) or that would affect the impartiality of the investigation or that would have the potential to prejudice the proceedings against the petitioner, if initiated.”
The Court noted that the statement of the counsel for ED that the Advisory on Media Policy of the Government of India vide Office Memorandum dated April 1, 2010 was and is followed and after going through the news articles, the Court is of the opinion that the relief claimed by the petitioner in the present petition need not be granted at this stage and the petition is dismissed.
The Delhi High Court on Friday dismissed Trinamool Congress leader Mahua Moitra’s plea seeking to restrain the Enforcement Directorate from leaking confidential, unverified information to the media regarding the ongoing FEMA investigation against her.
Lawyer Siddhant Kumar appears before news agency
Advocate Siddhant Kumar, appearing for ANI, argued before the High Court that the reporting related to a public figure about acts committed as a public servant. It is the right of the press to report on the behavior of government officials like Mahua Moitra, who is also trying to contest the next general election.
During the hearing, ED told the court that no information was leaked to the media. We do not know how the information about her summons ended up in the press, the ED counsel said.
Mahua Moitra had moved the Delhi High Court seeking direction to restrain ED and 19 media houses from leaking, broadcasting and disseminating any “confidential or unverified information” relating to ED’s investigation against it regarding proceedings under FEMA .
The plea alleged that ED deliberately and maliciously leaked the details of the FEMA summons, as well as the petitioner’s response to the February 14 summons and sensitive details of allegations being investigated against the petitioner.
It appears that ED is planning to subject the petitioner to media trial by leaking sensitive data, including salacious allegations, allegedly arising from their ongoing investigation, thus damaging not only the investigation into the case but also the reputation of the petitioner in the public eye is affected.
Rather than conducting a fair, transparent, and ethical investigation into petitioner’s alleged violations of FEMA, it appears that ED is engaged in efforts to defame petitioner in the public eye by deliberately and consistently providing members of the media with various information. details of the investigation conducted by ED against the petitioner.
(With input from agencies)