FEMA case: Delhi HC dismisses Moitra's plea after ED tells court advisory on media policy being followed

New Delhi: The Delhi High Court on Friday dismissed Trinamool Congress leader Mahua Moitra’s plea seeking judicial intervention to prevent the ED from spreading any "confidential or unverified information" with regard to the ongoing probe against her under the Foreign Exchange Management Act, 1999 (FEMA), noting that the advisory on media policy issued by the Centre has been and is being followed by the probe agency.

Justice Subramonium Prasad noted: “Dissemination of news and views for popular consumption is a must and any attempt to deny the same has always been frowned upon by courts.

“It is also equally well settled that freedom of speech and expression guaranteed under Article 19(1)(a) includes freedom of press, and communication needs in a democratic society, i.e., the right to be informed and the right to inform, however, not at the cost of right to privacy.”

Moitra had challenged the Enforcement Directorate's (ED) approach in handling the ongoing probe against her in the said matter.

The court noted that since public figures are subject to closer scrutiny, unless the publications amount to harassment and invasion in private life of the individual public personality concerned or the family of the public personality, publications regarding the public life of such public personalities cannot be stopped from being published either by the government or by the orders of the court.

Earlier, the counsel for ED denied that it is leaking any sensitive information to the press regarding the investigation being carried out against Moitra, saying it is “scrupulously following” the office memorandum, which is the advisory on media policy regarding sharing of information by the probe agency with the public through the media.

Chetan Sharma, the Additional Solicitor General (ASG) who appeared for the Centre, also contended that it has given directives to various departments to scrupulously follow the advisory on media policy mentioned above.

Justice Prasad, who had reserved his order on Thursday, dismissed Moitra’s plea after a brief hearing on Friday.

The ED had issued summons to Moitra under FEMA on February 14 and 20.

She had named 19 media organisations, urging the court to restrain them from broadcasting or publishing any "unverified, unconfirmed, false, derogatory content" concerning the ongoing investigation.

Hence, the court noted that the members of electronic media have come out with a self-regulatory mechanism and have laid down the Code of Ethics and Broadcasting Standards and some of the provisions of Code of Ethics include impartiality and objectivity in reporting, ensuring neutrality and privacy of the persons involved.

“...perusing the news articles, this court is of the opinion that the reliefs as sought for by the petitioner by way of the present writ petition need not be granted at this stage. In view of the above, the writ petition is dismissed, along with pending application(s), if any,” the court said.

Moitra's plea stressed the necessity for media reporting in her case to align with the official ED press releases, aiming to ensure factual accuracy and prevent spread of misinformation.

She had accused the ED of deliberately leaking information about the investigation and her preliminary responses, which she argued aims to tarnish her reputation through a "media trial".

In addition to the FEMA case, Moitra has been embroiled in a controversy over allegations of receiving cash in exchange for putting up queries in the Parliament on behalf of businessman Darshan Hiranandani, a charge she has denied despite admitting to sharing her Parliament login details with him.

She has also filed a defamation suit against individuals, including BJP MP Nishikant Dubey, with the judgement on interim relief pending.