Jay Shah defamation case: SC allows The Wire to withdraw plea

The petitioners had moved the Supreme Court after their plea against the trial court order summoning them was rejected by the Gujarat High Court.

Initially the apex court bench appeared reluctant to allow the request and posed questions to Sibal. “Can this be happening in this civilised state that you give 10-12 hours notice?” Justice Mishra asked. “What is this kind of culture?”

“It’s a very serious issue,” he observed, “Can it happen?”

“This is happening,” replied Senior Advocate Neeraj Kishan Kaul, appearing for Jay Shah.

“Why should we allow you to withdraw? What is this culture developing in this country? This institution has suffered… Why should we not take it up suo motu… We are worried as a judge of this court,” Justice Mishra said.

As the arguments went on, Justice Gavai remarked, “It’s nothing short of yellow journalism. What kind of journalism is this?”

Sibal said the judges should see television news channels to see how they conduct media trials. “Fortunately we don’t have the time to watch,” said Justice Gavai.

The court then dictated the order allowing the withdrawal of the plea, and added that the issue of media giving short notice to people to reply before it runs a story should be decided at an appropriate time.

On Sibal’s request, the bench clarified that whatever it had said in the order was not with regard to the merits of the case.

The exchanges did not, however, end there as Justice Mishra said “freedom of press is supreme, but it’s not a one-way traffic”.

“This is not the way. Yellow journalism should not take place in the country,” Justice Mishra continued.

Advocate Kaul then raised the doubt that the petitioner portal may file review. Justice Shah responded, “They are withdrawing unconditionally.”

The court recorded Sibal’s undertaking to this effect. The bench also directed that the trial in the case be completed in six months.

Sibal protested this: “The court may not say that.”

Following a war of words between Kaul and Sibal, the bench asked Sibal if seven months would be fine. However, Sibal continued to protest, following which the court finally modified its order and said the trial be completed “as expeditiously as possible”.

In a lighter vein, Justice Mishra told the two sides, “Now don’t go out and fight.”

As Sibal was leaving, Justice Gavai told Sibal that he should be happy with early disposal as “you will get acquittal in six months”. Replied Sibal, “With the kind of observations, we might get a conviction.”

At one point, Justice Mishra said, “We want to say many things but we would not say it.” Sibal responded, “I also want to say many things but I would not say it.”

Jay Shah had filed the criminal defamation complaint in October 2017 over a report which claimed a big rise in his company’s revenue after the BJP came to power at the Centre in 2014. He also filed a civil defamation suit, seeking Rs 100 crore in damages.