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Adani Group’s Defamation Notice To EPW Journal For Story On Rs 500 Crore Favors From Modi Govt

SabrangIndia Staff 13 Jul 2017
The well established academic journal Economic and Political Weekly (EPW) has been served a defamation notice by the Adani Group. The notice was served over a story EPW ran on how the government altered rules for special economic zones (SEZs), which led to the Adani Group reaping a profit of Rs 500 crore. The EPW’s article titled “Modi Government’s 500 Crore Bonanza to Adani Group Company”. It claimed: “By frequently changing the rules relating to power projects located in special economic zones, the department of commerce in the ministry of industry and commerce has allowed Adani Power claims for refunds of customs duties to the tune of 500 crore. Curiously, the duties were never paid.”

The story was run by EPW in Vol. 52, Issue No. 24, June 17, 2017.

In response to the article, EPW received a legal notice from a lawyer representing Adani Power, which is headed by Gautam Adani. The legal notice accused EPW and the writers of the article of defamation and threatened legal action unless the piece was retracted, an unconditional apology was issued, and any defamatory material on Adani not be published by the magazine “in any manner whatsoever”.

EPW, has completely stood by its story and in his reply to Adani Power’s lawyer, EPW’s advocate reaffirmed that each and every word in the article was truthful and backed by documentary evidence. In the reply to the notice by Adani, they have stated among other things,

"8.            That on the issue of misuse of the export promotion scheme, even the Hon’ble Supreme Court has used very harsh language against your client as to how your client has misused the scheme and fraudulently inflated export turnover, and how your client has even without making actual exports, played around with the provisions of the scheme and tried to take undue advantage thereof. This finding of the Hon’ble Supreme Court of India has also been quoted by my client’s in the said article. Thus, the reporting done by my client’s is not only back and supported by documentary evidence, but also by judicial pronouncement.

"9.            That in view of the above it is re-iterated that there is not an iota of substance in your client’s bald claims. Your client will be well advised to withdraw your legal notice dated 24.06.2017, failing which my client shall be constrained to invoke the majesty of law to the hilt, should your client choose to trigger the first ill conceived/advised shot. Your client may kindly note the adage “be you ever so high, law is above you”. Your client may further be informed that truth can never be suppressed and it is the constitutional obligation of an independent journalist to surface the truth at any cost. I do sincerely hope, you would be gracious enough to suitably advise your client appropriately."


The EPW article can be read here

Adani Power’s legal notice can be read here

EPW’s reply to the legal notice can be read here.
 
 

Adani Group’s Defamation Notice To EPW Journal For Story On Rs 500 Crore Favors From Modi Govt

The well established academic journal Economic and Political Weekly (EPW) has been served a defamation notice by the Adani Group. The notice was served over a story EPW ran on how the government altered rules for special economic zones (SEZs), which led to the Adani Group reaping a profit of Rs 500 crore. The EPW’s article titled “Modi Government’s 500 Crore Bonanza to Adani Group Company”. It claimed: “By frequently changing the rules relating to power projects located in special economic zones, the department of commerce in the ministry of industry and commerce has allowed Adani Power claims for refunds of customs duties to the tune of 500 crore. Curiously, the duties were never paid.”

The story was run by EPW in Vol. 52, Issue No. 24, June 17, 2017.

In response to the article, EPW received a legal notice from a lawyer representing Adani Power, which is headed by Gautam Adani. The legal notice accused EPW and the writers of the article of defamation and threatened legal action unless the piece was retracted, an unconditional apology was issued, and any defamatory material on Adani not be published by the magazine “in any manner whatsoever”.

EPW, has completely stood by its story and in his reply to Adani Power’s lawyer, EPW’s advocate reaffirmed that each and every word in the article was truthful and backed by documentary evidence. In the reply to the notice by Adani, they have stated among other things,

"8.            That on the issue of misuse of the export promotion scheme, even the Hon’ble Supreme Court has used very harsh language against your client as to how your client has misused the scheme and fraudulently inflated export turnover, and how your client has even without making actual exports, played around with the provisions of the scheme and tried to take undue advantage thereof. This finding of the Hon’ble Supreme Court of India has also been quoted by my client’s in the said article. Thus, the reporting done by my client’s is not only back and supported by documentary evidence, but also by judicial pronouncement.

"9.            That in view of the above it is re-iterated that there is not an iota of substance in your client’s bald claims. Your client will be well advised to withdraw your legal notice dated 24.06.2017, failing which my client shall be constrained to invoke the majesty of law to the hilt, should your client choose to trigger the first ill conceived/advised shot. Your client may kindly note the adage “be you ever so high, law is above you”. Your client may further be informed that truth can never be suppressed and it is the constitutional obligation of an independent journalist to surface the truth at any cost. I do sincerely hope, you would be gracious enough to suitably advise your client appropriately."


The EPW article can be read here

Adani Power’s legal notice can be read here

EPW’s reply to the legal notice can be read here.
 
 

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