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Jay Shah defamation case: Gujarat High Court restores gag on The Wire, portal to move SC

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Jay Shah defamation case: Gujarat High Court restores gag on The Wire, portal to move SC

The Gujarat High Court on Tuesday restored a gag order barring news portal The Wire to write further on the “exceptional” increase in Jay Shah’s firm’s turnover, said media reports.

The order was first issued after The Wire published a story in September 2017, which alleged that the turnover of a company owned by BJP President Amit Shah’s son Jay Shah had grown 16,000 times in a year after Prime Minister Narendra Modi came to power.

The order, issued in connection with a civil defamation case against the website, stops it from publishing any content “directly or indirectly” related to Jay Shah until the defamation case is disposed of.

Siddharth Vardarajan, the co-founding editor of The Wire, said they will challenge the verdict in the Supreme Court. “Going against several decades of jurisprudence, Gujarat High Court has restored gag order that trial court itself vacated after first granting Jay Amit Shah ex parte injunction against @thewire_in. We will challenge this verdict, which affects media freedom for all, in the Supreme Court,” Vardarajan said on Twitter.

The case pertains to the civil suit filed against the web portal through which Jay Shah has claimed a damage of Rs 100 crore. The Ahmedabad district court had granted an interim injunction against the portal, restraining it from further publishing anything on the same subject. In December 2017, the court lifted the injunction and ruled that barring the use of the words “Narendra Modi becoming prime minister/elected prime minister” in relation to any debate on the original article on Jay Shah, The Wire was free to publish content on his business and public activities.

Jay Shah had moved the High Court in December 2017 against the order of Ahmedabad district court. After the hearing in the case concluded on Jan 19, Justice Paresh Upadhyay reserved the verdict.

The lawyers appearing for The Wire had argued: “We stand by the article. Do we need to do the article threadbare … whether it is defamatory or not I stand by it and to succeed in interim injunction I don’t need to prove it. At this stage, the interim injunction prevents a public discourse because this article was written to agitate people to talk about it but not to create any chaos. The injunction simply prevents it.”

They argued that if the case was limited to a private person, then the comments could not be made but if he or she was connected with a public figure, business related to rise or fall will be commented upon by people.

Jay Shah’s lawyer, senior counsel Nirupam Nanavati, on the other hand, argued that the trial court had prima facie held that dragging Prime Minister in the write-up was not right. He argued: “Connecting my father’s position and Prime Minister so to tell the world that I (Jay) enhanced my business because of these connections can never said to be an honest opinion and the burden of proving that it is not defamatory is on respondents (portal). Assuming that whatever they collected from the record may be true but can you publish in this manner in the name of public interest? The language and the innuendo used don’t say their article is an honest opinion but only to malign me and my father and the Prime Minister. The trial court found that the PM was wrongly involved so the portal was restrained.”

Earlier, on Jan 8, the Gujarat High Court had also rejected the petition of the website The Wire seeking quashing of a criminal defamation case lodged against it by Jay Shah, son of BJP president Amit Shah.

The court held that there is a prima facie case against Wire’s reporter and editors. The court held that “the most disturbing part of the article”, which can be “prima facie termed as defamatory”, is linking the rise in Jay’s firm’s turnover with the election of Narendra Modi as Prime Minister.

Justice JB Pardiwala said: “The most disturbing part of the article, or to put it in other words, the imputation which could be termed as prima facie defamatory is the averment that the turnover of the company owned by the complainant, who happens to be the son of the leader of the Bhartiya Janta Party increased 16,000 times over in the year following the election of Narendra Modi as the Prime Minister and the elevation of his father to the post of the party president.”

The Wire had moved the High Court against the criminal defamation case filed by Jay before a metropolitan court, days after the website put up the article “The Golden Touch of Jay Amit Shah”, alleging that his company’s turnover grew exponentially after the BJP came to power in 2014. The Wire had said its report is based on documentary evidence and hence they cannot be tried for criminal defamation.

Saying that there is a prima facie case against the petitioner, Justice Pardiwala observed, “What is important is the strong innuendo that the complainant has prospered because of the fact that he happens to be the son of a very powerful political leader, and that too, at a point of time when Narendra Modi took over as the Prime Minister of the country.”

The judgment said, “…prima facie, the article tries to portray a picture that an ordinary company, which had a meagre revenue of Rs 50,000/- proceeded to accumulate the revenue of Rs 80,00,00,000/- [Rs 80 crore] in a single year…only because of the political position of the father of the complainant and at a time when Narendra Modi took over as the Prime Minister.”

Justice Pardiwala also raised the question about what the effect of such an article would be in the mind of a common man. He observed that “in a country like India, it does not take a second for the people in general to start thinking that the complainant has prospered only because of his political contacts. People may even infer corrupt practice at the end of the complainant. In such circumstances, the article published by the writ applicants, prima facie, could be termed as defamatory in nature.”

Justice Pardiwala had also refused to grant relief to founding editors of the website since there are “specific and clear allegations in the complaint that they are responsible for the defamatory matter and had the personal knowledge about the contents of the defamatory matter”.

The entire issue is likely to be taken to the Supreme Court by The Wire.

Entertainment

The Sabarmati Report: PM Modi praises film based on Godhra train burning incident, says truth coming out

The Prime Minister’s remarks came in response to an X user who had shared a video of the film’s trailer, which was released on Friday.

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Prime Minister Narendra Modi on Sunday praised the film ‘The Sabarmati Report’, based on 2002 Godhra train incident, saying the truth is coming to out.

He expressed his thoughts on social media platform X, saying, “Well said. It is good that this truth is emerging, especially in a manner accessible to the general public. A deceptive narrative can only last for so long. Ultimately, the facts will prevail!”

The Prime Minister’s remarks came in response to an X user who had shared a video of the film’s trailer, which was released on Friday.

‘The Sabarmati Report’ focuses on the tragic incident involving the burning of the S-6 coach of the Sabarmati Express near Godhra station in Gujarat on February 27, 2002, resulting in the deaths of 59 Hindu pilgrims returning from Ayodhya. This event ignited widespread riots in Gujarat that year.

Directed by Dheeraj Sarna, the film is produced by Shobha Kapoor, Ektaa R Kapoor, Amul V Mohan, and Anshul Mohan, and features actors Vikrant Massey, Raashii Khanna, and Ridhi Dogra.

In response to PM Modi’s commendation, producer Ekta Kapoor expressed her gratitude, highlighting that his praise provided a significant morale boost for the film’s team. Resharing the Prime Minister’s post, she wrote in Hindi on X: “Respected Prime Minister, thank you very much for your encouraging words about #TheSabarmatiReport. They have invigorated our spirits. Your recognition of #TheSabarmatiReport confirms that we are on the right path. Thank you for your love and support.”

This is not the first instance of PM Modi praising a film. In 2022, he lauded Vivek Agnihotri’s ‘The Kashmir Files’. He stated, “History must be conveyed in the correct context. Books, poetry, literature, and films all play a crucial role in this. You’ve likely heard the discussions surrounding ‘The Kashmir Files’; it has certainly ruffled the feathers of those who champion freedom of expression.” The film depicts the 1990 exodus of Kashmiri Pandits from the Valley and features Anupam Kher, Pallavi Joshi, Mithun Chakraborty, Darshan Kumar, among others.

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Nitin Gadkari slams Rahul Gandhi after he compares Modi to Biden over memory loss

Gandhi, the Leader of Opposition in the Lok Sabha, on Saturday took a swipe at the Prime Minister, saying Modi is suffering from memory loss like the outgoing United States president.

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Union Minister Nitin Gadkari on Sunday slammed Congress leader Rahul Gandhi after the latter compared Prime Minister Narendra Modi to outgoing US President Joe Biden over memory loss, saying Gandhi should not be taken seriously.

The senior BJP leader expressed confidence that the people of Maharashtra would support the BJP-led Mahayuti alliance in the upcoming state Assembly elections on November 20.

“The way Rahul Gandhi speaks, nobody takes him seriously. I think people should not take his remarks seriously,” Gadkari said while speaking to PTI.

Gandhi, the Leader of Opposition in Lok Sabha, on Saturday took a swipe at the Prime Minister, saying Modi is suffering from memory loss like the outgoing United States president.

During an election rally in Maharashtra’s Amravati on Saturday, Gandhi said: “My sister was telling me that she listened to PM Modi’s speech. She said that these days Modi ji is essentially repeating whatever we say. Perhaps he has suffered memory loss. Like the former President of America. He used to forget things and had to be reminded from behind about what to say, and what not to.”

The Rae Bareli MP commented on the incident where Biden mistakenly called Ukrainian President Volodymyr Zelenskyy “President Putin” during the NATO summit held in Washington in July.

Gadkari, responding to Gandhi’s allegations about PM Modi suffering from memory loss like Biden, hit out at the Congress leader for speaking irresponsibly.

On Maharashtra Deputy Chief Minister Ajit Pawar’s dissent regarding Uttar Pradesh Chief Minister Yogi Adityanath’s ‘batenge toh katenge’ remark, which suggested increasing tensions within the Mahayuti alliance, Gadkari downplayed the issue, stating, “First of all, we are different parties, and it is not necessary that we share the same opinion.”

He elaborated that “the media also distorts what is said. This creates misconceptions. The call for unity was to unite against terrorism and Naxalism”.

On being asked about the challenges confronting the Mahayuti alliance following its less-than-stellar performance in the recent Lok Sabha elections, Gadkari attributed the results to the confusion propagated by the Opposition. “A narrative was created that if we win 400-plus seats, we will amend the Constitution drafted by Dr. Babasaheb Ambedkar.”

Gadkari strongly denied these assertions, saying, “There is no question of changing the Constitution. We will neither do it, nor allow others to do it. Now people have realised that the campaign by the opposition during the Lok Sabha polls was based on lies, and they have decided to support with positivity the Mahayuti in Maharashtra under PM Modi’s leadership.”

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Rahul Gandhi says continuing bloodshed in Manipur deeply disturbing

The former Congress chief urged the Prime Minister to work towards restoring peace and healing in the Valley.  

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Urging Prime Minister Narendra Modi to visit violence-hit Manipur, Leader of Opposition in the Lok Sabha Rahul Gandhi said that the recent string of violent clashes and continuing bloodshed in Manipur is deeply disturbing.

The former Congress chief urged the Prime Minister to work towards restoring peace and healing in the Valley.  

“After more than a year of division and suffering, it was the hope of every Indian that the Central and State governments would have made every effort at reconciliation and found a solution,” Gandhi said in a post on X.

On Friday night, three bodies, believed to belong to six individuals who had gone missing from the Jiribam district, were found near the confluence of the Jiri and Barak rivers along the Manipur-Assam border.

Following the development, the residences of two Ministers and three MLAs were attacked by protesters in Manipur’s Imphal on Saturday. The protesters were seeking justice for the murder of three persons in the Jiribam district.

In view of the situation, the government suspended internet services in seven districts, and a curfew was imposed. A mob also attacked the residence of Health and Family Welfare Minister Sapam Ranjan in the Lamphel Sanakeithel area.

In the Sagolband area, agitators gathered outside the residence of BJP legislator RK Imo, who is also the son-in-law of Chief Minister N Biren Singh, expressing demands for an appropriate response from the government regarding the killings and urging authorities to arrest the culprits within 24 hours.

The protesters who went to meet with independent legislator Sapam Nishikanta Singh at his residence on Tiddim Road vandalised the office of a local newspaper owned by him after knowing he was out of state. The mob reportedly destroyed several temporary structures in front of the office.

Imphal West, Imphal East, Bishnupur, Thoubal, Kakching, Kangpokpi and Churachandpur were the districts where the internet services were suspended for two days, as per the reports.

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