ED must be impartial; information on its social media handles should be accurate: Delhi court

A Delhi court on Thursday cautioned the Enforcement Directorate (ED) to act impartially and to ensure that information disseminated through its official social media handles and platforms is accurate and free from sensationalism..Special Judge (MP/MLA cases) Jitendera Singh of the Rouse Avenue Courts said that if facts are presented in a manner that is misleading or defamatory, then it will undermine the agency's reputation and also affect the right to reputation of the concerned person."It is incumbent upon an investigative agency such as the 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 presentation of facts in a manner that is misleading, scandalous, or intended to defame or politically prejudice an individual 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," the Court said.The Court made the observation while rejecting a defamation case filed by Aam Aadmi Party (AAP) leader and former Delhi minister Satyendar Jain against Bharatiya Janata Party (BJP) MP Bansuri Swaraj..Any dissemination of information, including but not limited to official social media platforms, must be accurate, non-misleading, and free from sensationalism. Rouse Avenue Court.Jain had sued Swaraj for defamation over an interview on the news channel Aaj Tak in which she alleged that ED recovered 1.8 kg of gold, 133 gold coins and ₹3 crore cash from his house.Swaraj's statement was based on a tweet by the ED.The tweet read:"ED has conducted searches on 6.6.2022 under PMLA, 2002 at the premises of Satyendar Kumar Jain and others. Various incriminating documents, digital records, cash amounting to Rs. 2.85 Crore and 133 gold coins weighing 1.80 kg in total from unexplained source have been seized."Jain argued that no cash or gold was recovered from his premises, and the same was evident from the ED's panchnama and yet Swaraj alleged that the material was recovered from his place.After considering the case, Judge Singh observed that the first impression conveyed by ED's tweet was that the cash was seized from Jain's place..Therefore, while rejecting Jain's plea against Swaraj, the Court sounded a note of caution to the ED.The judge said that ED must act impartially and any dissemination of information must be accurate, non-misleading and free from sensationalism..[Read Order]