TMC's Mahua Moitra Moves Delhi High Court To Preclude ED From Allegedly Leaking 'Confidential, Unverified Info' To Media On FEMA Probe

Trinamool Congress leader Mahua Moitra has moved the Delhi High Court seeking to preclude the Enforcement Directorate (ED) from leaking any “confidential or unverified information” to the media in relation to the investigation against her under the Foreign Exchange Management Act, 1999 (FEMA).

Moitra has also sought to restrain 19 media houses from publishing and circulating any unverified, unconfirmed, false, derogatory content in relation to the pending investigation against her.

Some of the media houses include ANI, Hindustan Times, Indian Express, Times of India, India Today, NDTV, The Hindu, The Print etc.

The matter will be heard tomorrow by Justice Subramonium Prasad.

Moitra was expelled from the Lok Sabha in December last year following the Ethics panel's determination of her guilt in the 'cash-for-query' case. ED issued summons to Moitra under FEMA on February 14 and 20.

The plea seeks a direction on the media houses that all news reporting and publication against Moitra are in tune with the official press releases that may be issued by ED in relation to the FEMA investigation.

Furthermore, Moitra has prayed that during the pendency of the plea, ED and media houses must be restrained from leaking, publishing or broadcasting of any information related to the ongoing FEMA investigation.

It is Moitra's case that instead of undertaking a fair, transparent and ethical investigation into the alleged violations of the FEMA by her, ED has wilfully and maliciously leaked the details of the summons, as well as her preliminary response to the media.

She has said that ED intends to subject her to a media-trial by leaking sensitive particulars, which not only prejudices the investigation but also tarnishes her reputation in the public eye.

The plea states that such leakage of information has hampered the process of the investigation and also violated Moitra's rights i.e. Right to privacy, dignity and her Right to fair investigation.

It further adds that the media has already been running news articles and reports with respect to ongoing investigation in an “unfettered manner” which creates an adverse public perception against her.

“Such reporting of the matters in which the investigation is still going on, creates a false/incorrect narrative, thereby, prejudicing the right of fair investigation of the Petitioner,” the plea states.

The petition has been moved by Advocates Samudra Sarangi and Shruti Rana.

Moitra had been accused of receiving cash in exchange for posing questions on behalf of businessman and friend Darshan Hiranandani. In an interview with The Indian Express, she had accepted the fact that she had provided her Parliament login and password details to Hiranandani, however, she had refuted the claim of receiving any cash from him.

She has also filed a defamation case against Dehadrai and BJP MP Nishikant Dubey before the Delhi High Court in connection with the dispute. Judgment is reserved in the matter on interim relief.

Recently, a coordinate bench refused to stay the eviction order issued to Moitra asking her to vacate the government bungalow.

Title: MAHUA MOITRA v. DIRECTORATE OF ENFORCEMENT & ORS.