The Delhi High Court on Monday asked the Central Bureau of Investigation (CBI) and Directorate of Enforcement (ED) to place on record all the press communication made in the public domain related to former chief executive officer (CEO) of Mumbai-based company Only Much Louder and communications incharge of Aam Aadmi Party (AAP) Vijay Nair, accused in connection with the Delhi excise policy case.
Justice Yashwant Varma was hearing a plea filed by Nair alleging that sensitive information has been leaked into the public domain by the investigating agencies, which is violative of his rights under Article 21 of the Indian Constitution.
During the hearing, the senior counsel appearing for Nair mentioned portions of news channel reports, where sensitive information regarding the investigation of Nair in the Delhi excise police case was shared. He mentioned a portion where even the questions asked by the investigating agency were out in the public domain, and contended that the media persons have access to even this.
The senior counsel further referred to a ministry of home affairs circular, and read, “investigation should not be compromised…due care should be taken to maintain the privacy of accused”. He also read, “No opinion or judgment should be made by the police officers in the public domain”.
The counsel further submitted that “we are at a critical stage of trial where things are put to media, and my rights are being completely violated”.
Taking note of the submissions, Justice Varma stated, “We just want to know what was put out in public domain by the investigating agencies, and want to examine whether it is the media who is imagining things or the agencies have leaked information.”
The court further added that if proceedings under section 164 of CrPC wherein recording of confession and statements are made under camera are being leaked then this is a big issue and has to be looked into.
Accordingly, the single-judge bench asked the CBI and ED to place on record all the press communications they made in the public domain by Monday, i.e., November 21.
Vijay Nair was arrested on September 27 by the Central Bureau of Investigation and was initially remanded to 5-day CBI custody for his alleged role in the irregularities in the excise policy of the Delhi government. On Monday, he was arrested by the ED for his alleged role in the same case.
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