Adani Defamation Case: Ravi Nair Moves Supreme Court Seeking Release From Custody

The Supreme Court today heard an urgent mentioning made on behalf of Journalist Ravi Nair who has been in custody in relation to a criminal defamation case filed by Adani Enterprises Limited over a series of posts published on X.

Nair has filed an Special Leave Petition challenging the Gujarat High Court order, which denied him interim relief.

Notably CJI Kant refused to entertain the mentioning.

Gujarat High Court's Justice M K Thakker reserved the order on Nair’s challenge to the non-bailable warrant (NBW) issued by the Gandhinagar District and Sessions Court and said the order would be dictated on September 30.

Nair’s counsel sought his release from custody pending the pronouncement of the order. The High Court, however, observed that the matter had already been heard and kept for dictation and, therefore, “no interim relief is required to be granted”.

Nair was taken into custody on September 17 after the Gandhinagar court issued an NBW against him for failing to remain personally present during the hearing of his appeal against his conviction in the defamation case.

The journalist had challenged the NBW before the High Court and sought his release from judicial custody.

The underlying case arises from a series of posts published by Nair between October 2020 and July 2021 concerning the Adani Group. The posts related, among other things, to allegations raised by US-based short seller Hindenburg Research and a strike concerning the proposed privatisation of the Jawaharlal Nehru Port Trust.

A magistrate court in Gandhinagar had convicted Nair on February 10 and sentenced him to one year’s imprisonment. The court had held that Nair, as a journalist and public commentator, was expected to remain conscious of the reach and impact of statements made on digital platforms, particularly while making categorical allegations capable of affecting reputations.

Nair subsequently challenged the conviction before the Gandhinagar appellate court. The appellate court granted him bail on March 9 and directed him to remain present during the hearing of his appeal.

Nair was not present at a hearing on September 3, following which the court issued the NBW.

Proceedings before the High Court

During Wednesday’s hearing, the High Court observed that Nair could not challenge the NBW after it had already been executed. The court also took note of the fact that Nair had separately approached the Sessions Court seeking regular bail but had not disclosed this development to the High Court.

Nair’s counsel argued that he had appeared at three of the eight hearings in the appeal and had also been granted exemption from personal appearance on another date. Counsel disputed the Sessions Court’s observation that Nair had failed to appear for six months and opposed the description of the journalist as “absconding”.

Counsel appearing for Adani Enterprises argued that Nair’s conduct before the appellate court was relevant to the proceedings. It was also submitted that Nair had appeared before the Gandhinagar court in March only for execution of his bail bonds.

Adani Enterprises had alleged in its complaint that Nair published and disseminated false and defamatory statements on X with an intention to damage the company’s reputation. The company maintained that the posts did not constitute fair comment or legitimate criticism but were intended to undermine its credibility among the public and investors.

Nair will remain in judicial custody pending the High Court’s order on September 30.