Gujarat HC quashes 'The Wire' plea against Jay Shah's criminal defamation case


Ahmedabad, Jan 8 (PTI): The Gujarat High Court on Monday rejected a petition filed by news portal 'The Wire' seeking quashing of a criminal defamation case filed against it by BJP president Amit Shah's son Jay over an article related to his company.

Justice J B Pardiwala rejected the petition on the grounds that the article, "The Golden Touch of Jay Amit Shah", is per say "defamatory" and the trial court should proceed with the case.

The HC, which had earlier directed the trial court to complete the hearing in the case in six months, on Monday withdrew that order. This means there is no time-frame for the trial court to complete the hearing.

S M Vatsa, the lawyer for the author of the article and editors of the news portal, had maintained the news report was not "defamatory," and the facts presented in it were based on public documents.

The petitioners had maintained the article was a part of investigative journalism and filing a criminal defamation suit against it was against the freedom of the press.

Jay Shah's lawyer S V Raju, on the other hand, had maintained the article was "defamatory" and the two witnesses examined by the lower court had established that the reputation of his client was tarnished due to its publication.

Jay Shah had moved the lower court alleging criminal defamation by the petitioners after the article published by the website claimed his company's turnover grew exponentially after the BJP-led government came to power at the Centre in 2014.

After the suit was filed on October 9, 2017, the court initiated proceedings against them under the CrPC section 202 (to inquire into a case to decide whether or not there is sufficient ground for proceeding).

The suit has been filed against the author of the article Rohini Singh, founding editors of the news portal Siddharth Varadarajan, Siddharth Bhatia and M K Venu, managing editor Monobina Gupta, public editor Pamela Philipose and the Foundation for Independent Journalism. The foundation publishes `The Wire'.

With the quashing of the plea, the matter is expected to come up for hearing in the lower court on Tuesday.

Jay Shah has separately filed a civil defamation suit of Rs 100 crore against the website over the article.

Read also: Amit Shah’s son Jay files Rs 100 crore defamation case against website

Jay Shah had rejected the charge made in the article, insisting the story was "false, derogatory and defamatory.”

  

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Comment on this article

  • Suman, Mangalore

    Tue, Jan 09 2018

    Anything in the name of freedom of press. ? Media should have some ethics. People almost lost trust on media.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Shk, Karkala

    Tue, Jan 09 2018

    Kehte hain kanoon andha hota hai. Gujarat ka Kanoon toh doosron ko andha bana deta hai.

    DisAgree [4] Agree [4] Reply Report Abuse

  • Rathan, Mangalore

    Tue, Jan 09 2018

    All sickulars r hiding . they r in a fix to welcome the judgement or not .
    Now a days these sickulars and presstitues have a new theory if the
    judgement is against MODI/BJP/Hindu organisations it is win of judiciary
    if not judiciary is for sale and govt interfear in judiciary
    Boda sheera ?

    DisAgree [7] Agree [6] Reply Report Abuse

  • David Pais, Mangalore

    Tue, Jan 09 2018

    y r u sickular 2 seculars?????????

    DisAgree [4] Agree [4] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Tue, Jan 09 2018

    People with money and power are always above everything and nothing applies to them

    DisAgree [5] Agree [4] Reply Report Abuse

  • mahesh, Mangalore

    Tue, Jan 09 2018

    Good.
    why is the wire scared if what they old is true and not defamatory.
    Let them face the court.
    Before every election all these jokers come out with such stories.Now face the music.

    DisAgree [13] Agree [13] Reply Report Abuse

  • leslie, udupi

    Tue, Jan 09 2018

    Big men are winners when they win or loose...
    Common men are never winners and often loose...
    No prominent case in court is finalised...
    Dragged and dragged until the truthful perishes...
    All will talk behind but no one helps...
    Life is a big mess where big just escapes and elates...

    DisAgree [8] Agree [7] Reply Report Abuse

  • SMR, Karkala

    Tue, Jan 09 2018

    Journalism known to be fourth column of democracy. But in PM Modi's India facing grave threat. Freedom of expression in know became tool in the hands of the court.
    In one hand UIDAI is shooting the massengane from 'Tribune' journalist by FIR for exposing the millions of personal data which was earlier claimed by authority full proof.
    In other hand company with just a capital of Rs 50000 makes a whooping profit of Rs 80 crores and shuts its most profitable business.

    'The Wire' which is only surviving on crowdfunding is facing defamation of Rs 100 crores much more than the entire profit of the company.

    The 'Panama paper' and 'Paradise paper' are also exposed through investigative journalism. Has forced the Iceland and Pakistan Prime Minister to resign by exposing the corruption. If Amith Shah son Jay shah company is fraudulent, why are they hesistaning to put the audit report in the parties or companies official portal?
    When Judge Lyngod can be eliminated for investigating 'fake encounter', this small news portal is nothing for them.
    India's just journalism at grave risk. It is time for journalist to come together as one voice or vanish forever.
    Jai hind

    DisAgree [10] Agree [10] Reply Report Abuse

  • Ravi C, Mangalore

    Mon, Jan 08 2018

    Money power..

    DisAgree [9] Agree [15] Reply Report Abuse


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Title: Gujarat HC quashes 'The Wire' plea against Jay Shah's criminal defamation case



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