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

The Delhi High Court dismissed Trinamool Congress leader Mahua Moitra’s plea to prevent the ED from spreading confidential information in the ongoing FEMA probe against her. The court stated that the media advisory issued by the Centre is being followed by the probe agency. Moitra had challenged the ED’s approach in handling the probe.

Justice Subramonium Prasad highlighted the importance of dissemination of news for popular consumption while upholding the freedom of speech and expression, including the right to be informed and to inform. The court noted that unless publications amount to harassment or invasion of privacy, information regarding public figures cannot be stopped from being published.

Moitra’s plea stressed the necessity for media reporting to align with official ED press releases to ensure factual accuracy and prevent misinformation. She accused the ED of leaking sensitive information to tarnish her reputation through a “media trial”. The court dismissed her plea after a brief hearing, emphasizing the importance of media ethics and self-regulatory mechanisms in reporting.

Chetan Sharma, the Additional Solicitor General, reiterated that the ED is following the advisory on media policy and directives from the Centre. Moitra had named 19 media organizations, urging the court to restrain them from publishing unverified or derogatory content related to the investigation. The court noted the self-regulatory mechanisms in electronic media and upheld the Code of Ethics and Broadcasting Standards.

Moitra has been embroiled in a controversy over allegations of receiving cash in exchange for putting up queries in Parliament on behalf of businessman Darshan Hiranandani, which she denied. She has also filed a defamation suit against individuals, including BJP MP Nishikant Dubey. The court’s decision highlights the balance between media freedom and the right to privacy in the context of public figures under scrutiny.