Writ Petition by Mahua Moitra Dismissed: Delhi High Court Rules on Gag Order Request

Mahua Moitra, a former Member of Parliament, petitioned the Delhi High Court to prevent the Directorate of Enforcement (ED) from disclosing information to the media regarding an ongoing investigation against her as she alleged that the sensitive details, including summons and extension requests, were being leaked, which is violating her rights to privacy and a fair investigation. However, the ED refuted these claims, citing adherence to government media policy guidelines.

The ED denied the allegations by asserting the compliance with government media policy guidelines to ensure accurate and suitable information sharing. Further the ED assured the Hon'ble Court that it adheres to the media policy guidelines set by the Govt.

The court observed that Moitra's is a public figure who may be subject to public scrutiny and the public's right to be informed about news involving public figures.

Upon review of the news articles submitted with the petition, the court concluded that the articles so submitted did not pose a risk of prejudicing the investigation or potential trial, and the Hon'ble Court emphasized that Gag orders, which restrict the authorities to release or dissemination of information to the media, should only be issued when there is a substantial risk of prejudicing an investigation or trial.

Given the ED's assurance of adherence to media policy guidelines and the absence of evidence of invasion of Moitra's privacy or prejudice to the investigation, the court dismissed the petition.

It is important to note here that the courts typically reserve gag orders for situations where there is a significant risk of prejudicing an investigation or trial.