The Delhi High Court on Friday dismissed Trinamool Congress (TMC) leader Mahua Moitra’s plea against the alleged leakage of “confidential” information from the ED to the media in relation to a probe against her under the Foreign Exchange Management Act (FEMA) and the consequent press reports “violating” her rights to privacy and fair investigation.
Justice Subramonium Prasad said Moitra is a former elected member of Parliament and people are entitled to know about any news regarding public figures, who are subject to a closer scrutiny.
The judge emphasised that “gag orders” against the media can be passed only when it has the potential to prejudice any investigation or ongoing trial.
“The petitioner herein is a former elected member of Parliament and a public figure. The people are entitled to know about any news regarding public figures.
The accountability of persons who are public figures towards the society is higher and they are subject to a higher level of public gaze and scrutiny,” the court said.
“Since public figures are subject to a closer scrutiny, unless the publications amount to harassment and invasion in the 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,” the judge asserted.
Moitra had sought a direction to restrain the Enforcement Directorate (ED) from “leaking any information, including any confidential, sensitive, unverified/unconfirmed information, to the print/electronic media in relation to the ongoing investigation”.
She had also sought a direction to restrain several media organisations from “leaking, publishing/broadcasting any information related to the ongoing investigation/proceedings in relation to the investigation being carried out by Respondent No.1 (ED) ... under which a FEMA summons has been issued to the petitioner”.
The court noted in its order that according to the investigating agency, it is following the “Advisory on Media Policy” issued by the Centre on sharing information, and in view of the fact that the news items pertain to the probe against the petitioner, the reliefs as sought for by her need not be granted at this stage.
“The newspaper cuttings do not deal with the private life of the petitioner but are only reporting regarding the investigation that is being conducted against the petitioner, who is a public figure, and the same is unrelated to her private life.
Justice Prasad also said modern communication mediums advance public interest by informing people of developments in a democratic set up, and freedom of speech and expression under the Constitution includes the right to be informed and the right to inform as long as it is not at the cost of the right to privacy.
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, the judge added.
“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,” the court ordered.
The senior counsel appearing in the court on behalf of the former MP earlier claimed that Moitra is being “hounded” and information on the issuance of the summons to her by the federal agency was published by the media even before she received it.
The ED had issued the summons to Moitra in a case lodged under the FEMA.