The Delhi High Court on Monday told some media organisations to ensure that the broadcast connected to the Delhi excise policy scam cases was “in tune with official press releases” by the Central Bureau of Investugation (CBI) and the Enforcement Directorate (ED).
The High Court’s order came while hearing a plea by businessman Vijay Nair, who was arrested on September 27 in connection with the cases, claiming that sensitive information in relation to the cases was being leaked to the media by the investigating agencies, which was hampering his right as an accused.
The High Court also pulled up the News Broadcasting and Digital Standards Authority (NBDSA) after it submitted that it had no power to restrain news channels. “If self-regulation is a mere eyewash, why should we not disband you?” Justice Yashwant Varma remarked.
Justice Varma additionally issued notices to the media organisations named by Mr Nair. “Pending further consideration, the court directs respondents 5 to 9 (media organisations) to ensure that all the broadcast that are carried in respect to (the case) are in tune with any official press releases that may be issued either by the CBI or ED and comply with the directives which govern,” the High Court said.
“In the meanwhile, the court directs respondent no 4 (NBDSA) to duly examine the broadcast in question and place a report in these proceedings as to whether they would be compliant with the guidelines in respect of broadcasting,” the High Court added.
The High Court has now listed the case for further consideration in February 2023.
During the proceedings, the ED informed the court that it has not issued any press releases pertaining to the case and none of the broadcasts in question were based on any information disclosed by it to the media.
The CBI produced the press releases issued by it in relation to the case. The High Court then noted that a comparison with the aired content indicated that there was “simply no correlation” between the two.
“It is therefore not a case where, at least at this stage, it can be said that information has been selectively leaked or provided by agencies,” noted the court.
Mr. Nair is the former chief executive officer of Mumbai-based Only Much Louder, an event management company, and also the communication in-charge of the Aam Aadmi Party (AAP) in Delhi.
According to the prosecution, Mr. Nair entered into a criminal conspiracy with others and in furtherance of the conspiracy, the excise policy of the Government of the National Capital Territory of Delhi (GNCTD) for 2021-2022 was framed and implemented.
The CBI has alleged that irregularities were committed while modifying the Excise Policy; undue favours were extended to licence holders; licence fee was waived or reduced; and L-1 licence was extended without the competent authority’s approval. The beneficiaries diverted the “illegal” gains to the accused public servants and made false entries in their books of accounts to conceal the money trail.
Based on the CBI case, the ED is also carrying out a money laundering probe into the matter.
