Today, the Delhi High Court rejected a plea by Trinamool Congress leader Mahua Moitra. She had requested the court to instruct the Enforcement Directorate (ED) to refrain from sharing unverified and sensitive details with the media regarding their investigation into her purported breaches of the Foreign Exchange Maintenance Act, 1999 (FEMA).

The order was passed by Justice Subramonium Prasad's bench.

Interestingly, the court had'reserved order' on Moitra's plea on Thursday. Senior advocate Rebecca John represented Moitra during the hearing. John stated, "I was first summoned on Feb 14, 2024, to a Calcutta residence that I do not occupy. However, the news article claims, 'Even before the summons reached me.'"

The judge had said, "It is news, is it not? You've got a personality, you're a public person. In any case, it's only a factual assertion." He had also inquired, "How does the press know that your matter is coming up in the High Court?"

"I am being hounded. They've asked me for a lot of material; tomorrow, if I submit the material, is it also going to go to the press?", John had argued. She had added, "My prayer is limited , it is not about an agency's right to inquire or investigate. That's absolute. I am not against the ED's right to investigate. I am saying I will submit to their jurisdiction. It is about the information being leaked prior to being communicated to me, and if such information is not the result of press releases, then what the ED is doing is drip-feeding confidential information."

The counsel representing the Enforcement Directorate (ED) informed the court that there had been "no leak" and no official press release had been issued by them. Moitra had listed 19 media outlets as parties to her case, seeking the court's intervention to prevent them from spreading any "unverified, unconfirmed, false, derogatory content" about her in relation to the ongoing proceedings. Additionally, she requested the court ensure that all news reporting aligned with official press releases issued by the ED.

In her writ petition, Moitra alleged that the ED had leaked information to the media regarding her summons even before she had received them. She also claimed that the ED disclosed details of the allegations against her and her request for additional time to appear before the agency.

The plea argued that unauthorized leaks compromise the integrity of the investigation process and infringe upon Moitra's rights, including her right to privacy, dignity, and a fair investigation. According to media reports, the Enforcement Directorate (ED) summoned Moitra last week, instructing her to appear before the agency on February 19 at its headquarters in Delhi, along with documents related to foreign investments.

Additionally, sources indicate that the Central Bureau of Investigation (CBI) is conducting a preliminary inquiry into allegations against her following a referral from the Lokpal.

Case Title: Mahua Moitra v. ED & Ors.