Gandhinagar/New Delhi, Feb 10 (IANS) A court in Gujarat’s Gandhinagar district has convicted journalist Ravi Nair in a criminal defamation case filed by Adani Enterprises Ltd (AEL), sentencing him to one year’s simple imprisonment and imposing a fine of Rs 5,000.

Pronouncing the verdict on Tuesday, the Court of Judicial Magistrate First Class, Mansa, held that Nair was guilty of the offence punishable under Section 500 of the Indian Penal Code, after finding that a series of tweets and online articles authored by him contained defamatory imputations against the complainant company.

In its order, the court noted that the publications, made between October 2020 and July 2021 from Nair’s social media handle and a website, went beyond fair comment or permissible criticism and amounted to categorical assertions alleging corruption, manipulation of laws, misuse of governmental agencies and undue political patronage in favour of the Adani Group.

“The imputations are framed in a manner that conveys assertions of fact rather than speculative opinion,” the court said, adding that such statements, when disseminated 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.”

Rejecting the defence of good faith and public interest, the court observed that the accused 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 held that the continuity and frequency of the tweets over several months demonstrated a “deliberate and sustained attempt to malign” the complainant rather than bona fide criticism.

On the issue of free speech, the court reiterated that the right under Article 19(1)(a) of the Constitution is not absolute and cannot override the equally protected right to reputation under Article 21.

Referring to a Supreme Court judgement, it said that reputation is an integral facet of the right to life and extends to juristic persons such as companies. It further held that the complainant company was a “person aggrieved” within the meaning of Section 199 of the Code of Criminal Procedure (CrPC), adding 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 offence and the manner of its commission, the court declined to extend the benefit of probation, saying: “The question of the benefit of probation is intended for those whose conduct stems from ignorance, youth, or momentary lapse, rather than calculated intent”.

“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 order said while awarding the sentence.

–IANS

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