NEW DELHI — A court in Gujarat’s Gandhinagar district has convicted journalist Ravi Nair in a criminal defamation case filed by Adani Enterprises Ltd., sentencing him to one year of simple imprisonment and imposing a fine of Rs 5,000.
Delivering the verdict on Tuesday, the Court of Judicial Magistrate First Class in Mansa held Nair guilty under Section 500 of the Indian Penal Code, finding that a series of tweets and online articles authored by him contained defamatory imputations against the complainant company.
In its order, the court said the publications, posted between October 2020 and July 2021 on Nair’s social media account and a website, went beyond permissible criticism or fair comment. The magistrate held that the content amounted to categorical assertions alleging corruption, manipulation of laws, misuse of government agencies, and undue political patronage in favor of the Adani Group.
“The imputations are framed in a manner that conveys assertions of fact rather than speculative opinion,” the court said. It added that such statements, when circulated through social media platforms with wide public reach, were “clearly capable of lowering the reputation of the complainant company in the estimation of investors, regulators, business partners and right-thinking members of society.”
The court rejected Nair’s defense of good faith and public interest, observing that he had failed to place any material on record to substantiate the serious allegations made.
“Mere assertion of research or reliance on public discourse does not satisfy the requirement of truth or good faith. Good faith necessarily implies due care and attention, particularly when the imputations are grave and capable of causing serious reputational harm,” the order said.
The magistrate further noted that the frequency and continuity of the tweets over several months demonstrated a “deliberate and sustained attempt to malign” the complainant, rather than bona fide journalistic criticism.
Addressing the issue of free speech, the court reiterated that the right guaranteed under Article 19(1)(a) of the Constitution is not absolute and does not override the right to reputation protected under Article 21.
Citing a Supreme Court judgment, the court said reputation is an integral aspect of the right to life and extends to juristic persons, including companies. It also held that the complainant company qualified as a “person aggrieved” under Section 199 of the Code of Criminal Procedure, noting that imputations against the “Adani Group” were clearly identifiable as referring to the flagship entity and its constituent companies.
“It would be artificial and contrary to common sense to hold that imputations against the ‘Adani Group’ do not concern the complainant company,” the court said.
Considering the nature of the offense and the manner in which it was committed, the court declined to grant probation. “The question of the benefit of probation is intended for those whose conduct stems from ignorance, youth, or momentary lapse, rather than calculated intent,” the order stated.
“A person engaged in journalism is expected to be conscious of the responsibility accompanying such a role. Granting leniency would undermine the deterrent effect of the law,” the court said while awarding the sentence. (Source: IANS)
