TMI Blog2024 (2) TMI 1256X X X X Extracts X X X X X X X X Extracts X X X X ..... y. The Apex Court in Indian Express Newspapers (Bombay) Pvt. Ltd. vs. Union of India, [ 1984 (12) TMI 65 - SUPREME COURT] has observed Newspapers being purveyors of news and views having a bearing on public administration very often carry material which would not be palatable to governments and other authorities. The authors of the articles which are published in the newspapers have to be critical of the actions of government in order to expose its weaknesses. Such articles tend to become an irritant or even a threat to power. The Petitioner herein is a former elected Member of Parliament and a public figure. The people are entitled to know about any news regarding the public figures. The accountability of persons who are public figures towards society is higher and they are subject to a higher level of public gaze and scrutiny - Since public figures are subject to closer scrutiny, unless the publications amount to harassment and invasion in 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom 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 14.02.2024, calling upon her to appear physically before the Respondent No. 1/ED on 19.02.2024 along with certain documents. It is stated that the said summons were received at the address on 16.02.2024. 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 fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Parliament and is a public personality and people are entitled to know about the investigation that is being carried out against the Petitioner. 8. Heard learned Counsel appearing for the Parties and perused the material on record. 9. The Government of India has issued an Advisory on Media Policy vide Office Memorandum dated 01.04.2010 regarding sharing of information by the investigating agency with the public through media. The said Advisory lays down the precautions that need to be taken to ensure that only authentic and appropriate information is shared without hampering the process of investigation and issues of legal/privacy rights of the accused/victims and matters of strategic and national interest. The said Advisory reads as under: F. NO.15011/48/2009-SC/ST-W GOVERNMENT OF INDIA/BHARAT SARKAR MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA NORTH BLOCK NEW DELHI /CS DIVISION New Delhi, the 1st April, 2010 OFFICE MEMORANDUM Subject: Advisory on Media Policy of Police regarding 'Police' and 'Public Order' are State subjects under the Seventh Schedule (List-II) to the Constitution of India and, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 hours there should be no unnecessary release of information except about the facts of the incident and that the investigation has been taken up. IV. The general tendency to give piecemeal information/clues, on a daily/regular basis, with regard to the progress/various lines of investigation, should be strongly discouraged so that the investigations are not compromised and the criminals/suspects do not take undue advantage of information shared by the Police authorities about the likely course of the investigation. V. Meticulous compliance with the legal provisions and Court guidelines regarding protection of the identity of juveniles and rape victims should be ensured, and under no circumstances should the identity of juveniles and victims in rape cases be disclosed to the media. VI. Due care should be taken to ensure that there is no violation of the legal, privacy and human rights of the accused/victims. a. Arrested persons should not be paraded before the media. b. Faces of arrested persons whose Test Identification Parade is required to be conducted should not be exposed to the media. VII. No opinionated and judgmental statements should be made b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and necessary action. ii. The DGs of CPMFs/CPOs, Ministry of Home Affairs, Government of India. iii. Director CBI, DoPT, Government of India. iv. Ministry of Social Justice and Empowerment (Sh. P.P. Mitra, Joint Secretary), Shastri Bhawan, New Delhi. v. Ministry of Women and Child Development (Mrs. Swarup Kiolkar, Joint Secretary, MWCD) Shastri Bhawan, New Delhi. vi. JS(Judicial), JS(PM), JS(P-I), JS(P-II), JS(UT), JS(NM), JS(HR), JS (NE), JS (K), JS (DM) in Ministry of Home Affairs, Government of India. vii. Shri Onkar Kedia, DDG, Media, Ministry of Home Affairs, Government of India. (Nirmaljeet Singh Kalsi) Joint Secretary to the Govt. of India 10. The statement of the learned Counsel for Respondent No. 1/ED and Respondent No. 2/UoI, that the Advisory on Media Policy issued by the Government of India vide Office Memorandum dated 01.04.2010 regarding sharing of information by the investigating agency with the public through media are being scrupulously followed is taken on record. 11. The Members of Electronic Media have come out with a self-regulatory mechanism and have laid down the Code of Ethics and Broadcasting Standards and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and freedom of press of public figures, has observed as under: 30. Merely because a publication pertains to a Court proceeding one should not rush to a conclusion to opine prima facie that it either tends to impair the impartiality of the Court or affects the ability of the Court to determine the true facts. One has to carefully see the nature of the publication and find out : Whether keeping in view the content of the publication there appears to be a real and substantial danger of prejudice to the trial of a case. 31. One more important factor to be kept in mind. If a public figure is involved in a litigation and the matter pertains to the affairs of the State, the right of the public to be informed of the evidence led at the litigation having a bearing on how the public figure discharged the fiduciary duty while conducting the affairs of the State would have to be given primacy over the interest of the individual, for the reason those who enter public life and enjoy the perks of the State would be accountable at a higher level of probity and would be subject to a higher level of public gaze and scrutiny. (emphasis supplied) 14. Since public figures are subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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