Media

The Disputes Team at Kochhar & Co. successfully represented FIITJEE Limited and its management (“Petitioners”) before the High Court of Delhi in a writ petition filed against the Enforcement Directorate (“ED”), inter alia challenging the legality of a Press Release issued by the ED immediately following search and seizure proceedings, allegedly in contravention of the Office Memorandum dated 01.04.2010 issued by the Ministry of Home Affairs (“OM”).

The Petitioners contended that the statements contained in the impugned Press Release were factually incorrect, unsupported by the material relied upon by the ED, and based on presumptions and surmises. It was further argued that the Press Release had cast unwarranted aspersions upon the Petitioners and resulted in extensive media reportage, causing serious reputational harm and a media trial. It was argued that the press release was essentially a declaration of guilt in the eyes of the public, which had resulted in severe losses and damage to the brand as well as the officers of the Company.

It was contended by the ED that the press release was in accordance with the Office Memorandum of 2010 issued by the Ministry of Home Affairs, and further that the public had a right to know. As such, the press release was justified.

On one occasion, the Hon’ble Court observed that a prima facie perusal of the press release prima facie indicated that judgmental aspersions were made. Further observed was Clause VII of the Office Memorandum of 2010 which clearly states that no opinionated and judgmental statements should be made by the police while briefing the media. Accordingly, the Respondents were granted time to take instructions as to whether the ED would like to revise the press release or the Court to finally adjudicate the matter.

Subsequently, on May 6th counsel appearing for the ED submitted on instructions before the Court that the department shall take appropriate steps to withdraw the press release from its website without being any orders on the merits or conformity of the press release with Office Memorandum, 2010 or otherwise.

Recording the statement, the Court disposed of the petition and granted seven days to the ED to take necessary steps.

The matter was handled by Mr. Shiv Sapra (Partner), Mr. Aviral Tripathi (Associate) and Mr. Vanshay Kaul (Associate).