FIITJEE case: HC directs ED to remove press release with ‘judgmental aspersions’

New Delhi: Delhi High Court has asked the Enforcement Directorate (ED) to take steps to withdraw from its website a press release containing “judgmental aspersions” in connection with its probe into the FIITJEE coaching institute.

Justice Purushaindra Kumar Kaura was hearing a petition filed by FIITJEE challenging the press release issued by the agency last year.

After the ED informed the court that it would withdraw the press release, the court closed the proceedings, observing that the petition had become infructuous in view 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 said in its order.

“Let the steps be taken by the respondents within a period of seven days from today,” it added.

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 Oct 1, 2010, which clearly states that police agencies should refrain from making opinionated or judgmental statements while briefing the media.

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. It 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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