Adani defamation case: Gujarat HC refuses interim release of Ravi Nair

Ahmedabad: The Gujarat High Court on Wednesday refused to grant interim relief to journalist Ravi Nair, who had sought release from judicial custody in a criminal defamation case filed by Adani Enterprises Limited over a series of posts on X.

Nair was taken into custody on September 17 and sent to jail by a Gandhinagar court after it issued a non-bailable warrant against him earlier this month for failing to appear in person at a hearing in the defamation case. He had challenged the warrant and sought his release.

The case relates to a series of posts published by Nair between October 2020 and July 2021 concerning the Adani Group, including allegations made by US-based short seller Hindenburg Research and a strike against the proposed privatisation of the Jawaharlal Nehru Port Trust.

On February 10, a magistrate court in Gandhinagar convicted Nair in the case and sentenced him to one year in prison.

The magistrate observed that Nair, as a journalist and public commentator, was expected to be conscious of the reach and impact of statements made on digital platforms, particularly when making categorical allegations that could affect reputations.

Nair challenged the conviction before an appellate court in Gandhinagar, which granted him bail on March 9 and directed him to remain present during the hearing of his appeal.

He was absent from a hearing on September 3, according to his lawyer. The court subsequently issued a non-bailable warrant against him.

During Wednesday’s hearing, the High Court observed that Nair could not challenge the non-bailable warrant after it had already been executed. The court also questioned him over not informing it that he had separately approached the sessions court for regular bail.

Nair’s lawyer, Abhik Chimni, argued that the journalist had appeared at three of the eight hearings in his appeal and had also been granted an exemption from appearing on another date. He said the sessions court’s finding that Nair had not appeared for six months was factually incorrect and objected to describing Nair as “absconding”.

Chimni also argued that, in view of Supreme Court judgments, the sessions court could not have directly issued a non-bailable warrant without first issuing summons or a bailable warrant.

Senior Advocate Mitesh Amin, appearing for Adani Enterprises, argued that Nair’s conduct before the appellate court was relevant. He submitted that Nair had appeared before the Gandhinagar court in March only for the execution of his bail bonds and alleged that the journalist had not disclosed that he had simultaneously approached the court seeking regular bail.

Amin also referred to a separate criminal case registered by the Gujarat Police over an article Nair co-authored for The Washington Post about the Adani Group. He said Nair had approached the Kerala High Court for transit bail in that case while also seeking protection from arrest from the Supreme Court.

The Adani Enterprises counsel further alleged that Nair had repeatedly defamed Adani Group companies. He said the sessions court had not cancelled Nair’s bail and had directed that he be produced before it on October 1, and argued that he should therefore remain in custody at least until then.

Justice MK Thakker reserved the decision on Nair’s challenge to the non-bailable warrant and said the order would be dictated on September 30.

The case stems from a complaint filed by Adani Enterprises, the flagship company of industrialist Gautam Adani’s Adani Group, alleging that Nair published and disseminated a series of posts on X containing false and defamatory statements intended to damage the company’s reputation.

The company alleged that Nair’s posts did not constitute fair comment or legitimate criticism but were intended to undermine the firm’s credibility among the public and investors.

In February, a magistrate convicted Nair in the criminal defamation case and sentenced him to one year in prison. The complaint concerned posts and online articles published between October 2020 and July 2021. Nair subsequently appealed against the conviction before a sessions court, which suspended his sentence and granted him bail while the appeal was pending.

After he failed to appear at a hearing earlier this month, the sessions court issued a non-bailable warrant. Nair later appeared before the court and challenged the warrant, but his plea was rejected and he was sent to judicial custody. He then approached the Gujarat High Court seeking release.

On Tuesday, Amnesty International expressed concern over Nair’s arrest while his appeal against the conviction remains pending. The organisation said the development raised serious questions about freedom of expression and fair trial rights in the country.