Delhi High Court dismisses Trinamool Congress leader Mahua Moitra’s plea

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. (IANS)

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