Journalist Ravi Nair stays in jail as Gujarat High Court gives Adani time to respond

The court allowed the complainant (Adani) an opportunity to respond. In its order dictated in open court, it said that since the complainant was represented after the notice was issued, it had to be given a fair opportunity to place its case on record. The court, however, made it clear that it would not grant any further adjournment.

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

Conviction in defamation case

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 5000.

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, a considerable distance from Gandhinagar. He has submitted that requiring him to attend every hearing of the appeal entails substantial travel, expense, and hardship.

He 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 him.

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 to seek cancellation of the warrant, the 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. It will next hear the matter on September 23.