The counsel pointed out that the enquiry was being undertaken on the complaint of an investor in the Adani group and added that it could at best amount to a complaint for defamation which is non-cognizable. (Express photo/File)
The Supreme Court on Friday directed that no coercive action be taken against two Financial Times journalists who had been summoned by the Gujarat Police for a preliminary enquiry in connection with an article published in the newspaper regarding the Adani group of companies.
Issuing notice on the plea by the two correspondents – Benjamin Nicholas Brooke Parkin and Chloe Nina Cornish – a bench of Justices B R Gavai and P K Mishra fixed it for hearing on December 1 and directed that no coercive action be taken till then. The bench asked them to cooperate with the enquiry.
Initially, the bench expressed its distress over the petitioners directly approaching it instead of moving the high court.
“This trend is now becoming very difficult, everyone is approaching the Supreme Court directly,” remarked Justice Gavai.
Senior Advocate Siddharth Agarwal, appearing for the scribes, said they were not the authors of the article but were correspondents stationed in New Delhi and Mumbai. He also pointed out that on November 3, it had granted protection from coercive action to two others who had authored another piece on the Hindenburg report on the Adani Group.
The counsel pointed out that the enquiry was being undertaken on the complaint of an investor in the Adani group and added that it could at best amount to a complaint for defamation which is non-cognizable.
“One person is in Delhi, one person in Bombay. Preliminary enquiry has been ordered based on some individual’s complaint saying that the article is false. The Gujarat Police has then summoned them personally across the state borders, which your lordships have earlier said cannot be done,” Agarwal said, adding he had come to the Supreme Court instead of going to high courts as the bench is already seized of similar matters.