The Gujarat High Court on Wednesday dismissed a petition filed by two journalists of news network TV18 Broadcast Ltd and CNBC TV18 in a criminal case filed against them by Adani Transmission Ltd (ATL) against Judicial Magistrate First Class, Kalol, Gandhinagar. A criminal case was sought to be dismissed. to defame them.
On 20 September 2021, a magisterial court in Kalol directed the registration of a criminal case on the charge of punishment for defamation after ATL alleged in a complaint that TV18 Broadcast Ltd and two journalists—Venkatesh and Shah “Greatly Malicious, Defamatory and False News Report Against Complainant Company on CNBC TV18 June 11, 2021”.
It was also alleged that the news reports portrayed “closeness and nexus between Foreign Portfolio Investors (FPIs) and Adani Group with increasing share price of such companies in terms of public shareholding”, and the said defamatory The news report was published. without any truth and without verification of facts, intentionally with malicious intent to tarnish the reputation of the complainant company and the Adani Group in the public domain”.
Dismissing the plea of TV18 Broadcast, Venkatesh and Shah, the Gujarat HC, in its order made public on Thursday, argued that “prima facie, it can be said that the allegations against the complainant ATL have been framed by Kalol”. error has not been committed” by the court while issuing proceedings against the TV broadcasting group and its journalists.
The court of Justice Vipul Pancholi in its order said, “It is well settled that the defense of the accused can be examined at the time of trial and the complaint/ FIR cannot be dismissed on the basis of the defense made by the accused concerned.” (Criminal Procedure) Powers under section 482 of the Code. Thus, when, prima facie, the ingredients of the alleged offense punishable under section 500 IPC (punishment for defamation) are excluded, this Court shall pass the order to the petitioners. is not inclined to consider the request and dismisses the impugned complaint.
TV18 Broadcast Limited and the accused journalists had also argued in their petition that the Kalol court had no jurisdiction on the ground that the Adani Group’s stocks are listed on the Bombay Stock Exchange, the company is based in Ahmedabad, the news channel in Mumbai and the news report was broadcast throughout the country.
ATL submitted that the complaint was lodged through the Kalol court as the employees of the company had seen the news online at a mall in Kalol.
On the aspect of judicial validity, the court said that it is “well settled that the complaint cannot be quashed and set aside on grounds of jurisdiction”.
The court concluded, “However, it is clarified that the observations made by the concerned Magistrate Court while passing the order of process should not come in the way of the petitioners at the time of hearing and the trial court shall independently examine the matter.” Irrespective of the observations made in the impugned order dated 20.09.2021, this is the order of the Magistrate Court directing the registration of a criminal case of defamation against the accused.
Notably, Adani Transmission has also filed a defamation suit in an Ahmedabad court seeking removal of news reports and damages.
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