Ravi Nair remains in jail as Gujarat HC gives Adani time to respond

Ahmedabad: Journalist Ravi Nair remained in jail on Monday after the Gujarat High Court allowed Adani Enterprises Limited time to respond to his petition challenging his arrest following the issuance of a non-bailable warrant in a criminal defamation case filed by the company.

Justice M K Thakker had issued notice on Nair’s petition on Saturday. During Monday’s hearing, senior counsel appearing for Adani Enterprises sought time to place “certain legal and factual aspects” on record.

Nair’s counsel, Advocate Abhik Chimni, opposed the request and sought interim relief, arguing that the matter was already at the appellate stage and that his client should not have to “spend even a day in jail”. He also argued that Adani Enterprises, being a private complainant, could not seek repeated adjournments.

The court, however, allowed Adani Enterprises an opportunity to respond. In an order dictated in open court, it said that since the complainant was represented after notice had been issued, it had to be given a fair opportunity to place its case on record. The court made it clear, however, that no further adjournment would be granted.

Adani Enterprises had filed a criminal defamation complaint alleging that Nair published and disseminated a series of posts on X containing false and defamatory statements intended to damage the reputation of the company and the Adani Group.

Nair has challenged a September 17 order of the sessions court rejecting his application to cancel the non-bailable warrant and directing that he be sent to jail. He has also challenged a September 3 order in which the sessions court held that he was missing and deliberately avoiding arrest.

He has further sought restoration of a March 9 order under which the sessions court had suspended his sentence and released him on bail.

The case stems from Nair’s conviction by the Judicial Magistrate First Class in Gandhinagar. On February 10, the magistrate found him guilty of defamation, sentenced him to one year of simple imprisonment and imposed a fine of Rs 5,000.

Nair subsequently appealed against the conviction before the sessions court, which suspended his sentence subject to certain conditions. These included regular appearance before the court, obtaining prior permission before leaving India, depositing his passport, and not changing his residential address or mobile number without the court’s permission.

In his High Court petition, Nair has said he is not a resident of Gujarat and ordinarily lives in Kerala, a considerable distance from Gandhinagar. He has submitted that attending every hearing of the appeal would involve substantial travel, expense and hardship.

He has also contended that he was duly represented before the appellate court through his advocate, who remained present on every date of hearing, and that the proceedings were never delayed or obstructed because of his absence.

During Saturday’s hearing, Nair’s counsel submitted that the non-bailable warrant had been issued directly against him without any prior notice or summons. When Nair approached the appellate court seeking cancellation of the warrant, his application was rejected and he was taken into custody, the High Court was told.

After hearing the submissions, the High Court issued notice to the respondents and made it returnable on Monday. The court will next hear the matter on September 23.