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Justice Sanjeev J Thaker of the Gujarat High Court on Friday (November 6) recused from hearing journalist Ravi Nair's anticipatory bail plea in a forgery FIR registered over a Washington Post article alleging that the Central Government directed the Life Insurance Corporation of India (LIC) to invest in the Adani Group.

When the matter was taken up, Justice Sanjeev J Thaker orally asked, "Is this something to do with defamation also?".

As the respondent's counsel replied in the affirmative pursuant to which the judge said, "Not before me". 

Nair has sought anticipatory bail in an FIR registered by the D.C.B. Police Station, Crime Branch, Ahmedabad City, under Sections 318(4) (cheating and dishonest inducement), 336(2) (general forgery), 336(4) (forgery to harm reputation) and 340(2) (using a forged document as genuine) of the Bharatiya Nyaya Sanhita, 2023.

The FIR arises from an investigative article co-authored by Nair and published by The Washington Post under the title "India's $3.9 billion plan to help Modi's mogul ally after U.S. charges".

The article claims that  in May 2025, officials of the Government of India drafted and advanced a proposal for investments of approximately USD 3.9 billion by the Life Insurance Corporation of India in companies of the Adani Group.

In November 2025, the complainant, an employee in the Additional Administrative Office of Adani Ports and Special Economic Zone Limited (APSEZ) at Adani House, Ahmedabad lodged a complaint on behalf of APSEZ pursuant to a resolution of its Board of Directors dated 05.11.2025

The plea states that LIC through its X (formerly Twitter) handle had issued a clarification denying the report published by The Washington Post. Later that day, the Applicant allegedly responded to the clarification and uploaded screenshots of certain documents, which the prosecution subsequently alleged to be false and fabricated.

Thereafter, the plea claims, APSEZ addressed a communication to LIC seeking verification of the social media post and the screenshots attached thereto. LIC meanwhile, the plea claims, issued a further clarification on 'X', that it had neither received nor issued the documents in question and had received no information or instructions from the Government regarding investment in any company of the Adani Group.

A preliminary inquiry was taken up by the Gandhinagar Police, and the inquiry was thereafter transferred to the Crime Branch, Ahmedabad City.

Meanwhile Adani Enterprises Limited lodged a criminal defamation case before the Magistrate Court in  Gandhinagar, wherein the applicant was convicted of defamation and sentenced to simple imprisonment for one year with fine. 

Thereafter the impugned  FIR was lodged in May alleging, as per the applicant, that although no document of any kind was issued, prepared or exchanged by LIC or DFS, the Applicant wrote and posted false information about an investment of USD 3.9 billion by LIC in the Adani Group, relied upon documents that were false and fabricated and used them as genuine, and thereby, for his own financial gain, sought to tarnish the image of the Adani Group and caused it large-scale financial loss.

The plea claims that the applicant was issued notices by the IO in the present FIR to appear and that in July he had appeared in person before the. Investigating Officer at the D.C.B. Police Station, Ahmedabad City, and cooperated with the investigation.

Meanwhile in August the high court rejected Nair's plea to quash the impugned FIR observing that mere pendency of a private complaint on the same set of facts alleging defamation would not make the present FIR an abuse of process of law. Against this Nair approached the Supreme Court in an SLP but later withdrew it with liberty to raise his grievances at the appropriate stage before the appropriate forum.

On September 24, the Gandhinagar Sessions Court granted regular bail to journalist Ravi Nair who was arrested after a non-bailable warrant was issued against him by a sessions court earlier for non-appearance in a defamation case filed by Adani Enterprise. On September 30 the Gujarat High Court closed Ravi Nair's plea challenging his arrest on the strength of a non-bailable warrant was issued by a sessions court, after noting that he had been granted regular bail.

He thereafter moved the sessions court seeking anticipatory bail in the present FIR which was rejected last month. 

Nair's plea claims that ingredients of Section 318(4) of the BNS are not made out and the provision has been invoked merely to introduce a non-bailable offence. It claims that the investigation is confined to the genuineness of documents, which is a matter of documentary verification, and the material is already in the custody of the Investigating Agency. Hence, custodial interrogation is not need. 

Further the issuance of notices under Section 35(3) of the BNSS indicates that arrest was not considered necessary, and the Applicant has cooperated with the investigation. Lastly there is no risk of tampering with evidence, absconding or repetition of the alleged offence.

Advocate Abhik Chimni and Ronith Joy appeared for the applicant. 

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