Adani Defamation Case: Gujarat High Court Reserves Verdict On Ravi Nair's Plea Against NBW, Refuses Interim Release

The Gujarat High Court on Wednesday (September 23) reserved its verdict on journalist Ravi Nair's plea challenging his arrest after a non-bailable warrant was issued against him by a sessions court for non-appearance in a defamation case filed by Adani Enterprise. 

Adani Enterprises Ltd filed the criminal defamation case alleging that Ravi Nair published and disseminated a series of tweets containing false and defamatory statements intended to damage the reputation of AEL and the Adani Group.

Nair has challenged a September 17 order by the sessions court which rejected his plea for cancellation of NBW and directed that he be sent to jail. He has also challenged a September 3 order by which the trial court held that Nair is an absconder and is absconding himself to avoid arrest in any offence.

He also sought restoration of a March 9 order wherein his order of conviction was suspended and he was released on bail.

After hearing the arguments by parties, Justice MK Thakker reserved verdict on Nair's plea and listed it for dictation of order next Wednesday. 

At this stage as advocate Abhik Chimni appearing for Nair, pressed for interim relief, the court in its order said, "Kept for dictation of order on next Wednesday. Counsel has prayed for interim relief. However as this matter been heard fully and matter is kept for dictation, no interim relief is required to be granted".  

At the outset the court asked about the status of the regular bail application before sessions court, to which Chimni said that the application was argued however the court had said that it would not rule as of now because of pendency of Nair's present petition before high court.

The court orally asked to why it was not disclosed to the high court that simultaneously bail application was filed before session court. 

Chimni said that before high court he has challenged NBW but before sessions court they had asked only for bail, adding that there was no malice behind such non-disclosure. The court then orally said that each and every proceeding has to be disclosed. 

Meanwhile Chimni said that the sessions court order cancelling NBW was bad in law as it did not follow the procedure on when NBW is to be issued— as laid down in guidelines by Supreme Court. He further said that the route of giving summons/ bailable warrant to Nair was not tried in the instant case, prior to issuance of NBW. 

He further said that he had attended the trial regularly. He said that in total 8 hearings, he had appeared four times and in July application for exemption from personal appearance was allowed. 

He further submitted that it was not as if Nair was absconding and said that the finding by the trial court on the same was erroneous.

He also submitted that the anticipatory bail granted by Kerala High Court in another matter was a separate proceeding all together and had no bearing to the present case; thus trial court could not have considered the same while passing the order.

With respect to the issuance of NBW, Chimni said that it wasn't as if Nair was a threat to the society and thus there was no question of this parameter being tested on Nair. 

He further said that the trial court had said that the appellant is not appearing for the last six months. He however said that this finding was wrong as between the time his sentence was suspended in the defamation case in March and till September 9, Nair had appeared three times.

"Exemption approved on July 22. Three times I have shown my bonafide. Thereafter exemption approved. This is a shocking finding," Chimni said. 

The court asked if Nair had placed copy of Rojkam (logbook) to which Chimni said that the same was not placed, however record says that the exemption has been granted only once. 

Meanwhile senior advocate appearing for Adani Enterprise submitted that when Nair had approached the high court against NBW on Saturday, he did not disclose that he had also approached Gandhinagar court for bail. 

He further said that the bail matter was argued before the sessions judge and was not simpliciter adjourned. "But learned sessions judge on his wisdom realised that I cannot decide this particular application, as this Hon'ble court (high court) is in seisin of the hearing of this particular petition," he said.

He further said that applicant's prayer before the sessions court was not only seeking regular bail but alternatively to restore benefit of suspension of sentence granted on March 9. 

"There is a common prayer before this Hon'ble court and learned Sessions Court Gandhinagar," he added saying that this was not an honest suppression. 

He also submitted that accused has to be present for execution of bail bond which may not be counted as presence before the trial court. He also said that the applicant had not remained present on five dates as noted by the trial court. 

He further said that the sessions judge had not cancelled bail and asked Nair to be present on October 1, and thus as life of the warrant was existing till October 1, considering the same the NBW be permitted to remain in force uptill October 1. 

Meanwhile during the hearing the court orally said that the applicant can pursue his regular bail plea before the sessions court.

"When you have already filed let it be decided by the learned court...I can pass an order that the court may decide as and when it is listed," the court orally said. 

However Chimni said that he was pressing that NBW order maybe stayed. 

"Same prayer is made before the appellate court which was not disclosed when this matter was filed. If that was disclosed, probably this court may not have granted permission to circulate the matter on Saturday," the court orally said. 

Chimni however said that cause of action of bail cannot be seen as one seeking cancellation of NBW. 

"If NBW is executed, then that ends. Only remedy is to file appropriate application to quash order where you have been directed to put you into custody. When NBW is executed where is the question of cancelling NBW?" the court orally asked. 

Chimni urged that he is challenging both the orders dated September 3 and 17, adding that his arrest was illegal.

On 10.02.2026, the Judicial Magistrate First Class, Mansa held Nair guilty of the offence of defamation, convicted and sentenced him to undergo simple imprisonment for a term of one year and to pay a fine of Rs. 5,000.