The Delhi High Court has instructed the Enforcement Directorate (ED) to take steps to remove from its website a press release that contained what the court termed as "judgmental aspersions" related to the agency's investigation into the FIITJEE coaching institute.
Court proceedings and ED's response
Justice Purushaindra Kumar Kaura was hearing a petition filed by FIITJEE challenging the press release issued by the ED last year. After the ED informed the court that it would withdraw the press release, the court closed the proceedings, noting that the petition had become infructuous in light of the agency's statement. The court granted the ED seven days to take the necessary steps.
"Counsel for the respondent, Directorate of Enforcement, on instructions, submits that the department shall take appropriate steps to withdraw the press release in question from the website, without there being any orders on the merits or conformity of the Office Memorandum, 2010, or otherwise," the court stated in its order. "Let the steps be taken by the respondents within a period of seven days from today," it added.
Allegations by FIITJEE
The coaching institute alleged that the ED's press release contained several "presumptions and assumptions" that were beyond the agency's jurisdiction and in violation of a 2010 office memorandum issued by the Union Home Ministry. Earlier, on March 18, the high court examined the press release and observed that it prima facie indicated that the ED had made "judgmental aspersions," despite Clause VII of the Ministry of Home Affairs' Office Memorandum dated October 1, 2010. This clause clearly states that police agencies should refrain from making opinionated or judgmental statements while briefing the media.
ED's defense and court's clarification
The ED argued that the press release was a culmination of material collected during the investigation and claimed that a "large-scale conspiracy and fraud" had been committed by the petitioner, leading to multiple FIRs in different states. At the same time, the court clarified that it was not adjudicating on the gravity of the alleged offences, and that the limited issue before it was whether the press release met the standards laid down in the 2010 office memorandum. The court then granted time to the ED to seek instructions on whether it wished to revise the press release or have the matter finally adjudicated.
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