Adani Defamation Case: Gujarat High Court Suspends Arrest Warrant Against Journalist Paranjoy Guha Thakurta

The Bench of Justice B. N. Karia suspended the Magistrate's Order while hearing the application filed by Guha praying to quash and set aside the impugned order dated 18^th January 2021 passed by the Judicial Magistrate First Class, Mundra, Kutch.

It was submitted before the Bench by Guha's Counsel that without issuing summons or bailable warrant, the Trial Court had straightway issued non-­bailable warrant against the Guha to secure the presence of the applicant, which is not permissible in the eyes of law.

Guha's counsel submitted that he will file an undertaking that he will remain present before the Trial Court for further proceedings without fail.

Noting that the issue requires consideration, the Court issued notice (returnable on 20^th February 2021) to respondent State.

Lastly, the Court said,

"Order passed below by the Judicial Magistrate First Class, Mundra, Kutch shall be suspended till the next date of hearing."

The Magistrate's Order

The criminal defamation complaint filed against Thakurta by one of India's leading corporate houses, Adani, pertains primarily to an article about the business conglomerate co-authored by Thakurta.

The Article in question was co-authored by Thakurta, when he was the Editor of Economic and Political Weekly, alleging that Narendra Modi's Government tweaked special economic zone rules which ultimately led to the Adani Group reaping a benefit of Rs 500 crore.

Judicial Magistrate Pradeep Soni, while issuing the warrant of arrest, directed the Nizamuddin police station in New Delhi that "...accused (Thakurta) stands charged with complaint under section 500 of IPC. You are hereby directed to arrest the said accused and to produce him before me."

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