A Delhi court on Tuesday agreed to examine a complaint filed by NSA Ajit Doval's son Vivek Doval seeking action against a magazine for alleged defamatory article and senior Congress leader Jairam Ramesh for using that content to deliberately maligne and defame him to settle scores with his father .
National Security Advisor Ajit Doval
New Delhi:
The complaint, which has named The Caravan as also the author of the article, will come up for hearing on January 30, when the court will record the statements of the witnesses named by Vivek Doval.
Besides Vivek Doval, there are two other witnesses -- his friend Nikhil Kapoor and business partner Amit Sharma -- who will record their statements in support of the criminal defamation complaint.
The complaint alleged that the article had termed the companies run by Vivek as "D-Companies", which was a very demeaning name for him and for the entire country.
"Please take cognisance of my complaint. Defamatory material was published against me," advocate D P Singh, appearing for Vivek Doval, told Additional Chief Metropolitan Magistrate Samar Vishal.
When the counsel made reference of D-Company, the judge said, "What does it (D-Company) mean?"
The counsel said it is about underworld don Dawood Ibrahim, who is a fugitive, and is running illegal activities from abroad.
"A number of movies have been made using this name (D-Company) to indicate Dawood," the counsel said.
According to the complaint, Ramesh had held a press conference on January 17 reiterating the "baseless and unfounded facts" as narrated in the article.
The Caravan in its January 16 online write-up titled 'The D Companies' had said that Vivek Doval, "runs a hedge fund in the Cayman Islands" which is "an established tax haven" and was "registered merely 13 days after Prime Minister Narendra Modi's government demonetised all existing Rs 500 and Rs 1,000 currency notes, in 2016".
He had alleged that the contents of the article present "no illegality" on his part, but the entire narration has been presented in a manner, which suggests "wrongdoings" to the readers.
"The very arrangement of the paragraphs and the interspersion of random paragraphs, has been done with the very purpose of confusing the reader and leaving him with the belief that there is a larger conspiracy at play, being spearheaded by the Complainant," the complaint said.
It also said that the social media tweets put out by the magazine's handle gave snippets from the article, which makes it clear that it is merely a targeted attempt to malign and tarnish reputation of Vivek Doval and his family, in order to gain "political credit in light of the upcoming general election".
"The title of the article itself is scandalous to say the least... creating a prejudice in the minds of the readers against the Complainant and his family," it said.
It further said that a questionnaire was sent to Vivek Doval and his elder brother on a social networking site seeking details while vaguely mentioning that it is in regard to a story being done by the magazine.
The complainant alleged there was no phone call seeking any clarification from him or his elder brother, which makes it clear that the questionnaire was a "mere eyewash done to complete the formality" as a defense of any criminal action as the accused had knowledge that the "imputations are per se defamatory and false".
With regard to Ramesh, the complaint said that the press conference addressed by him went "beyond the mere narration in the article" and that he was already geared and armed to launch an attack, "merely waiting for the publication of the article", which could then provide a "smokescreen to the otherwise targeted and deliberate attack on the reputation of the complainant and his family".
It said the article has been used as a political tool to "foster in unscrupulous hands" to "seek vendetta and wreak vengeance".
The complaint also said that the author of the article has claimed to have accessed numerous documents and there are "crucial pieces of information that is conveniently claimed to not be accessible to the author".
"The true facts of the matter, that is the history and background of the Complainant and his business ventures, as have been sufficiently detailed, amply evidence that the author has deliberately and selectively left out or claimed certain vital pieces of information as inaccessible, which would otherwise bring to the fore the legality and propriety of the business venture of the complainant," said the complaint.
It also said that the very act of setting up and launching of a hedge fund, whether in the Cayman Islands or any other place in the world, is not by itself an illegal and unlawful act.
"However, the same, even without explicitly so stating, has been portrayed in a manner that leads to the very setting up and launching of the hedge fund being perceived as an unlawful act," it said.
The complaint alleged that "a web of conjectures and surmises has been devised by selective and careful nitpicking of random facts in respect of the complainant, his brother and his father – the facts being completely unrelated to one another – and presenting them in a manner that hints at deep rooted conspiracies between the family members, in carrying out laundering of black money, by rerouting of funds into India through the Cayman Islands, in the post-demonetization era".