Has Vivek Doval SLAPPed The Caravan?

Vivek Doval, the younger son of National Security Advisor, Ajit Doval has filed a criminal defamation complaint against The Caravan for an article titled The D-Companies as well as Congress leader Jairam Ramesh for his press conference following the article’s publication. Vivek Doval has claimed that the article “insinuates various wrongdoings and unlawful actions” and accused Jairam Ramesh of “making irresponsible media statements further maligning the reputation and goodwill” of the Doval family at his press conference. However, the article by itself did not contain anything to conclusively state that there was any foul play. The defamation suit on the other hand could lead one to believe that there may be something worth uncovering.

The Caravan’s article highlighted the apparent irony if not hypocrisy of Ajit Doval’s position against tax havens and his son’s hedge fund, GNY Asia Fund, whose registered office is in the Cayman Islands, a known tax haven. The article raises questions regarding the rise of the hedge fund which was incorporated only days after demonetisation. As well as the connections between GNY Asia Fund and several entites, with whom Shaurya Doval, the older brother, is associated. Shaurya Doval himself is reportedly vying for a Bharatiya Janata Party (BJP) ticket to contest the Lok Sabha elections from Uttarakhand. In an interview with NewsClick, Hartosh Singh Bal, the political editor of The Caravan stated that the publication’s objective was only to invite scrutiny considering the BJP government’s stated position on tax havens as well as the fact that Shaurya Doval who could be elected to parliament has connections with entities linked to his brother’s hedge fund.

Also See | The Empire of the Dovals

However, Vivek Doval’s complaint, as uploaded on LiveLaw, does not delve into the alleged connections his brother has with the hedge fund. Instead, the complaint accuses all those raising questions of damaging his professional reputation. While there may be little wrongdoing on his part, the fact remains that NSA Ajit Doval had advocated greater scrutiny and transparency in all funds entering India.

In his complaint he concedes that “While there may be no explicit allegation so worded or phrased, to that extent, a number of questions to that effect have been raised, insinuating and imputing such

wrongdoings, which leaves the public with a certain negative perception of the actions of the Complainant and his family members, which perception was the anticipated and calculated reaction that the very questions, insinuations and imputations were aimed at.” Whether such imputations as he alleges are unavoidable when reading the article itself is debateable. Perhaps judging that would be best left to the Chief Metropolitan Magistrate in the Patiala House Court in Delhi where he filed his complaint.

The law of defamation and specifically criminal defamation is peculiar. The injury in such cases concern’s a person’s reputation. Crimes are those classses of wrongs or injuries that are deemed to have been committed against the State irrespective of who the victim is. Hence, criminal defamation results in the State protecting the reputation of the person who has allegedly suffered an injury. It is almost akin to running to the principal when somebody says a mean word on the playground. The civil action against defamation results in a suit for damages where if the defamation is proved, the respondent would be compelled to pay damages. This course of action appears more sensible since each person is responsible for protecting their own reputation.

Vivek Doval’s criminal defamation complaint appears to be a clumsy attempt at filing a strategic litigation against public participation (SLAPP) suit. Considering the existing climate where SLAPP suits have become the norm for any media organisation publishing anything that ruffles the feathers of the ruling establishment – both political and corporate – the complaint itself becomes suspect. For example, The Wire has found itself embroiled in a defamation suit filed against it by Jay Amit Shah, the son of Bharatiya Janata Party (BJP) party president Amit Shah for an article questioning the rise of his business. Similarly, several media organisations including NewsClick have been served cease and desist notices by Anil Ambani concerning coverage of the Rafale deal.