Gujarat: Plea to quash case filed by Adani firm dismissed

It was also alleged that the news reports portrayed “proximity and nexus in terms of public shareholding between the Foreign Portfolio Investors (FPI) and Adani Group with the increase in share price of such companies,” and that the said defamatory news report was published “without any truth in it and without verification of facts, knowingly with malicious intentions to tarnish the goodwill and reputation of the complainant company and Adani Group before the public at large”.

Dismissing the plea by TV18 Broadcast, Venkatesh and Shah, the Gujarat HC, in its order made public Thursday, reasoned that “prima facie, it can be said that allegations are made” against the complainant ATL “no error is committed” by the Kalol court while issuing process against the TV broadcast group and its journalists.

The court of Justice Vipul Pancholi in its order noted, “It is well settled that the defence of the accused can be examined at the time of trial and complaint/FIR cannot be quashed on the basis of the defence taken by the concerned accused while exercising powers under Section 482 of the (Criminal Procedure) Code. Thus, when, prima facie, the ingredients of the alleged offence punishable under Section 500 IPC (punishment for defamation) are made out, this court is not inclined to consider the request of the petitioners to quash and set aside the impugned complaint.”

TV18 Broadcast Limited and the accused journalists in its plea had also contended that a Kalol court has no jurisdiction on the ground that Adani group stocks are listed on the Bombay Stock Exchange, the company is based in Ahmedabad, the news channel is based in Mumbai and the news report was aired throughout the country.

ATL had submitted that the complaint was registered through the Kalol court as the company’s employees had viewed the news item online at a mall in Kalol.

On the aspect of jurisdictional validity, the court held that it is “well settled that on the ground of jurisdiction the complaint cannot be quashed and set aside.”

The court concluded, “However, it is clarified that the observations made by the concerned Magistrate Court while passing the order of issuance of process shall not come in the way of the petitioners at the time of trial and the trial court shall examine the matter independently without being influenced by the observations made in the impugned order dated 20.09.2021,” that is the order of the magisterial court directing for the registration of the criminal case of defamation against the accused.

Notably, Adani Transmission has also filed a defamation suit in an Ahmedabad court seeking removal of the news reports and damages.