Gujarat High Court Grants Adani Enterprises Further Time to Answer Ravi Nair’s Plea Challenging Judicial Custody
Court stresses that a complainant who has been served notice must be afforded a fair opportunity to place relevant legal submissions on record.
(Judicial Quest News Network)
Ahmedabad, September 21: The Gujarat High Court on Monday granted Adani Enterprises Limited additional time to respond to journalist Ravi Nair’s petition challenging his continued judicial custody in a criminal defamation case.
Justice M.K. Thakker adjourned the matter until September 23, after senior counsel Mitesh Amin, appearing for Adani Enterprises, sought a short date to file a response.
Amin submitted that the company intended to place certain facts and legal aspects before the Court which, according to him, could have a bearing on Nair’s plea.
Nair’s counsel, Advocate Abhik Chimni, opposed the adjournment and pressed for his immediate interim release.
Relying on a Supreme Court ruling, Chimni argued that the matter was presently at the appellate stage and that Nair should not be required to remain in custody while his challenge to the conviction is pending.
“Why should I even spend one day in jail?” Chimni submitted before the Court.
The High Court, however, observed that since the complainant had been represented pursuant to the issuance of notice, it was necessary to ensure that Adani Enterprises received a fair opportunity to present its case.
Background of the Custody Challenge
Nair had earlier been convicted by a Magistrate in February in a criminal defamation complaint instituted by the Adani Group.
The prosecution arose from a series of posts on X, formerly Twitter, and articles published on the website adaniwatch.org between October 2020 and July 2021.
The complainant alleged that the publications contained false and unverified accusations concerning corruption, crony capitalism, environmental-law violations, alleged misuse of government agencies and other unethical business practices.
It contended that the statements were intended to damage the group’s reputation before investors, regulators, financial institutions and the public.
Nair denied the allegations and maintained that his publications constituted journalistic commentary and fair criticism on issues of public interest.
He also asserted that the material was based on information already available in the public domain.
Following his conviction, Nair approached the Sessions Court in appeal and was granted bail during the pendency of the proceedings. However, after he failed to appear before the appellate court earlier this month, a non-bailable warrant was issued against him.
Although Nair subsequently appeared before the Sessions Court and sought relief against the warrant, the plea was rejected and he was remanded to judicial custody.
He thereafter moved the Gujarat High Court seeking his release.
The High Court is scheduled to take up the matter again on September 23.
