Guwahati: The Gujarat High Court on Monday allowed Adani Enterprises Ltd to file its response to journalist Ravi Nair’s 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, should not be allowed repeated adjournments.
The court, however, allowed the company an opportunity to respond, saying that since the complainant was represented after notice was issued, it should be given a fair opportunity to place its case on record. The court made it clear that no further adjournment would be granted.
The matter will next be heard on September 23.
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 a Judicial Magistrate First Class. 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 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. He has argued that attending every hearing of the appeal involves substantial travel, expense and hardship.
He has also submitted 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 neither delayed nor obstructed because of him.
During Saturday’s hearing, Nair’s counsel submitted that the non-bailable warrant had been issued directly against him without 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.
