HC issues notice to Gujarat Govt on journalist’s plea against arrest

The Gujarat High Court has issued a notice to the state government and Adani Enterprises on journalist Ravi 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.

A single bench of Justice MK Thakker issued the notice to the respondents on Saturday and kept the matter for further hearing on Monday.

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, the journalist was sentenced by a Mansa court in Gandhinagar to one year’s imprisonment in a criminal defamation suit filed by Adani Enterprises on September 3, 2021 over certain tweets and articles attributed to him.

Nair had challenged his conviction in an appellate court in Gandhinagar, which granted him bail on March 9 this year on the condition that he would remain present during the hearing of his appeal. The journalist, however, could not be personally present during the hearing on September 3 due to poor health, as he has to travel from his native state Keralam, his lawyers said.

The appellate court rejected his plea for exemption from personal appearance and issued a non-bailable warrant against him, returnable on September 17, without any prior notice, the lawyers claimed.

The court directed that the petitioner be taken into custody, and he was accordingly sent to jail.

The HC heard Nair’s petition on Saturday evening on a note moved before the Chief Justice, praying for hearing at the earliest on the ground that the matter pertained to Article 21 and personal liberty of an individual.

The journalist, through his lawyers Ronith Joy and Abhik Chimni, submitted that the district court directly issued a non-bailable warrant without first issuing a summons or bailable warrant, and claimed it is against SC’s order in a case.

Despite remaining present before court on September 17 and filing an application praying for cancellation of the warrant, the district court rejected the application and passed an order to take the journalist into custody, he told the HC in his plea.