Ahmedabad, Sep 21 The Gujarat High Court on Monday allowed Adani Enterprises to file an affidavit in a plea by journalist Ravi Nair challenging his arrest following issuance of a non-bailable warrant in a criminal defamation case filed by the company.
The single bench of Justice MK Thakker kept the matter for hearing on Wednesday, with the order stating "when the complainant is represented on issuance of the notice, a fair opportunity is required to be given".
On Saturday, the HC had issued a notice to the Gujarat government and Adani Enterprises on Nair's plea challenging his arrest after a sessions court issued a non-bailable warrant against him for failing to personally appear during a hearing in a defamation case.
On Monday, the lawyer representing Adani sought time to file an affidavit, submitting that it needed time "to put on record certain facts which may go against the petitioner, so also certain legal positions which probably may go against the petitioner."
Nair's lawyer said he was pressing for interim relief, submitting that Adani has no position to say anything in this matter being a private party and not a prosecution.
Nair's lawyer also said the journalist should not stay in jail for even a single day in view of Supreme Court judgments.
Nair was arrested on September 17 after a district court in Gandhinagar issued a non-bailable warrant against him for not remaining personally present during the hearing of his appeal against his conviction in a criminal defamation case.
On February 10 this year, Nair was sentenced by a Mansa court in Gandhinagar to undergo a simple imprisonment of one year in a criminal defamation suit filed by Adani Enterprises on September 3, 2021 over certain tweets and articles attributed to him.
Nair challenged his conviction in an appellate court in Gandhinagar, which granted him bail on March 9 this year on the condition that he remains present during the hearing of his appeal.
The journalist, however, could not remain personally present at the hearing held on September 3 due to poor health as he has to travel from his native state Kerala, his lawyers said.
The appellate court rejected his plea for exemption from personal appearance and issued a non-bailable warrant against him without any prior notice, his lawyers claimed.
The court directed that the petitioner be taken into custody and was accordingly sent to jail.
The HC heard his petition on Saturday evening on a note that was moved before the Chief Justice praying for circulation at the earliest on the ground that the matter pertained to Article 21 of the Constitution and personal liberty of an individual.
Nair's advocates Ronith Joy and Abhik Chimni had submitted that the district court directly issued a non-bailable warrant without first issuing a summons or bailable warrant, and that the same is against the decision of the Supreme Court in Inder Mohan Goswami matter.
