Court rap for ED over ‘misleading' post on raid on Jain's premises
Enforcement Directorate
for posting information in a misleading manner on its X account in 2022 regarding a search on the premises of AAP functionary and the then Delhi govt minister
Satyendar Jain
.
The agency should act "impartially", the court observed.
The observations came on Thursday from the court of special judge Jitendra Singh while upholding the Feb 20 order of a trial court that there was no prima facie case to proceed against BJP parliamentarian Bansuri Swaraj under criminal defamation provisions. Jain had filed a defamation case against Swaraj over her comments made on the basis of ED's post.
"It is incumbent upon an investigative agency such as ED to act impartially and uphold the principles of fairness and due process.
Any dissemination of information, including but not limited to official social media platforms, must be accurate, non-misleading and free from sensationalism," the judge pointed out. The presentation of facts in a manner that is misleading, scandalous or intended to defame or politically prejudice a person would not only undermine the integrity of the agency but may also amount to an abuse of power and violation of the individual's fundamental rights, including the right to reputation under Article 21 of the Constitution, he opined.
by Taboola
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On June 7, 2022, ED posted on X that it had conducted a search on the premises of Jain and others and various incriminating documents, including cash worth 2.85 crore and gold coins weighing 1.80kg, were seized. The judge said the manner in which the phrase "at the premises of Satyendar Kumar Jain and others" was used in the tweet tended to create an impression that the recoveries were made from the former minister's premises.
The subsequent inclusion of the phrase, "and others", in a subtle and ambiguous manner, following the explicit naming of Jain, failed to clearly attribute the recoveries to "others" whose residences were also raided, he added.
Jain, who was arrested in May 2022 on allegations of money laundering, had challenged the Feb 20 order by a magisterial court, declining to take cognisance of his defamation case against Swaraj. In his complaint, Jain alleged that Swaraj had made defamatory statements against him during an interview aired on Oct 5, 2023, on a news channel, to tarnish his image. He added that the statements were made in the context of an ED raid at his house.
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