Delhi High Court Dismisses Mahua Moitra's Plea To Restrain ED From Allegedly Leaking 'Confidential, Unverified Info' To Media On FEMA Probe

The Delhi High Court on Friday dismissed the plea moved by Trinamool Congress leader Mahua Moitra seeking to restrain 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).

“Dismissed,” Justice Subramonium Prasad said. A detailed order is awaited.

Moitra had 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 included ANI, Hindustan Times, Indian Express, Times of India, India Today, NDTV, The Hindu, The Print etc.

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.

Senior Advocate Rebecca John appearing for Moitra had submitted that leakage of sensitive information relating to the pending investigation to the media prior to it being communicated to her is prejudicial to her rights protected under Article 21 of the Constitution of India.

On the other hand, the ED denied the allegation and said that it has not given any press release or leaked any information to the media in relation to the investigation.

The plea sought 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 had 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 was 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 had 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 stated 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 added 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 stated.

The petition was 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.

Citation: 2024 LiveLaw (Del) 204