Adani Defamation Case | 'Hide & Seek Approach' Gujarat HC Disposes Ravi Nair's Plea Against NBW After Sessions Court Grants Regular Bail

The Gujarat High Court on Wednesday disposed of journalist Ravi Nair's plea challenging the non-bailable warrant (NBW) issued against him in the criminal defamation case filed by Adani Enterprises Limited, after being informed that the Gandhinagar Sessions Court had subsequently granted him regular bail.

Justice M.K. Thakker, who was hearing Nair's challenge to the NBW, refrained from examining the legality of the impugned order on merits in view of the subsequent development.

The Court was informed that the Sessions Court, by an order dated September 24, had allowed Nair's application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), granted him regular bail and restored the order passed on March 9, 2026 in the criminal appeal.

"In view of the above subsequent development, this Court refrains from passing any order on the merits of the matter and making any observation with regard to the impugned order," the High Court said.

High Court flags non-disclosure of subsequent developments

Before disposing of the matter, the High Court addressed an issue concerning a litigant's disclosure of material facts while invoking its writ jurisdiction.

The Court observed that the conduct of Nair's counsel gave an impression that the petitioner had attempted to adopt a "hide-and-seek approach" and pursue a "pick-and-choose method" before the Court.

Referring to the settled position of law laid down by the Supreme Court, the Court said that a party invoking the extraordinary jurisdiction of a High Court is expected to approach it with "utmost candor, frankness, and openness."

Such a party, it added, is under an obligation to disclose all material facts without reservation, including facts which may be adverse to its case.

The Court rejected the contention that non-disclosure could be overlooked merely because it had caused no prejudice to the Court.

"It is not for the learned advocate or the party to decide whether a particular fact is material or immaterial for the adjudication of the proceedings. It is for the Court to determine the relevancy and materiality of the facts placed before it," the Court observed.

The High Court further said that suppression, concealment or distortion of a material fact would impede the proper exercise of writ jurisdiction and make the adjudicatory process difficult.

"Suppression or concealment of material facts is not an aspect of advocacy; rather, it amounts to an attempt at manipulation and misrepresentation of the judicial process," the Court said.

Court had been examining challenge to NBW

Nair had approached the High Court after the Gandhinagar District and Sessions Court issued an NBW against him following his failure to remain personally present during the hearing of his appeal against his criminal defamation conviction.

The warrant was executed on September 17, following which Nair was taken into judicial custody.

Nair's counsel had argued that the appellate court ought not to have issued a non-bailable warrant without first resorting to summons or a bailable warrant. It was also submitted that Nair had appeared on several dates during the appeal and had obtained exemption from personal appearance on another occasion.

The Sessions Court had granted Nair bail on March 9 while his appeal against conviction was pending and directed him to remain personally present during the appellate proceedings.

However, Nair was absent on September 3. His application for exemption was rejected and the NBW was subsequently issued.

High Court had reserved order after declining interim release

Last week, the High Court had declined Nair's request for interim release pending its decision on the NBW challenge. The Court had noted that the matter had already been heard and kept for pronouncement and therefore found no reason to grant interim relief at that stage (https://lawbeat.in/top-stories/no-immediate-relief-for-ravi-nair-gujarat-hc-reserves-verdict-on-legality-of-journalists-arrest-1634851) .

The Court had also taken note of Nair having separately approached the Sessions Court for regular bail.

During the earlier proceedings, Nair's counsel had disputed the Sessions Court's observation that he had failed to appear for several months and opposed the description of the journalist as "absconding".

Counsel appearing for Adani Enterprises had opposed the plea and argued that Nair's conduct during the appellate proceedings was relevant to the matter.

Supreme Court mention

After the High Court declined interim relief, Nair had also approached the Supreme Court seeking urgent intervention.

An urgent mentioning was made before the Court headed by Chief Justice of India Surya Kant, but the Supreme Court did not entertain the mentioning.

The subsequent grant of regular bail by the Sessions Court had rendered the question concerning Nair's continued custody academic for the present proceedings before the High Court.

Background of the defamation case

The criminal proceedings arise from a complaint filed by Adani Enterprises over a series of posts published by Nair on X between October 2020 and July 2021, besides articles published online.

The posts concerned various issues relating to the Adani Group, including allegations raised by US-based short seller Hindenburg Research and a strike concerning the proposed privatisation of the Jawaharlal Nehru Port Trust.

A Judicial Magistrate First Class court at Mansa in Gandhinagar district convicted Nair on February 10, 2026, for criminal defamation and sentenced him to one year of simple imprisonment, besides imposing a fine of ₹5,000.

The Magistrate had observed that Nair, being a journalist and public commentator, was expected to remain conscious of the reach and impact of categorical statements made on digital platforms, particularly where such statements could affect reputation.

Nair challenged the conviction before the Sessions Court, which granted him bail on March 9 during the pendency of his appeal.

With the Sessions Court's September 24 order granting regular bail and restoring the earlier bail order, Nair is now set to be released from custody.