MAHUA MOITRA Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The Petitioner has approached this Court to direct Respondent No.1/ED from preventing any information from being leaked, including any confidential, sensitive, unverified/unconfirmed information, to the print / electronic media in relation to the ongoing investigation / proceedings carried out by Respondent No.1/ED under F No: T-3/HIU-II/04/2024, under which Summons have been issued to the Petitioner, amongst other prayers.

(2.) The Petitioner herein is a former elected Member of Parliament from Krishnanagar, West Bengal constituency and is a member of the All India Trinamool Congress Party (AITC). An investigation has been initiated by the Respondent No.1/ED against the Petitioner for an alleged violation of the provisions of Foreign Exchange Management Act, 1999. It is the case of the Petitioner that Respondent No.1/ED had issued summons to the Petitioner on 14/2/2024, calling upon her to appear physically before the Respondent No.1/ED on 19/2/2024 along with certain documents. It is stated that the said summons were received at the address on 16/2/2024. It is stated that the news articles in question were published regarding these summons issued by Respondent No.1/ED to the Petitioner even before the Petitioner received the summons. It is stated that certain news pertaining to the investigation has also been published, which according to the Petitioner has been leaked by the Respondent No.1/ED. It is the case of the Petitioner that the Respondent No.1/ED has leaked information regarding issuance of summons to the Petitioner even before the Petitioner received the summons; the information regarding extension of time of three weeks sought by the Petitioner for complying with the summons dtd. 14/2/2024; and the fact that the Petitioner's request for extension was being rejected and a fresh summons had been issued directing compliance of summons by 26/2/2024. It is also stated that sensitive information of potential allegations, against the Petitioner, which are part of the subject matter of the investigation being carried out by Respondent No.1/ED, are also being leaked to the press. The Petitioner has, therefore, approached this Court by filing the instant writ petition stating that the press reports are violating her right to privacy and dignity and right of fair investigation.

(3.) Learned Senior Counsel appearing for the Petitioner, apart from reiterating the averments made in the writ petition, has placed reliance upon the Judgments passed by a Coordinate Bench of this Court in W.P.(C) 15617/2022 in the case of Vijay Nair vs. Central Bureau of Investigation & Ors dtd. 21/11/2022 and in Disha A. Ravi vs. State of (NCT of Delhi) and Others, 2021 SCC OnLine Del 822.