The Kerala High Court has overturned an order directing payment of five lakh rupees in compensation in a defamation lawsuit brought by Ravi Krishna, son of Congress leader and former Union Minister Vayalar Ravi, against BJP leader Kirit Somaiya. The case stems from statements made about the Rajasthan ambulance scam in 2010.
A Division Bench comprising Justices Sathish Ninan and P. Krishna Kumar ruled that the Additional Sub Court in Ernakulam had wrongly concluded Somaiya defamed Krishna, as the allegations had not been adequately disproved. The court directed the trial court to rehear the matter after giving both parties adequate opportunity to present their positions.
The Bench noted that the trial court should have taken into account later findings by the Comptroller and Auditor General of India that supported Somaiya’s claims, along with a chargesheet filed by the Central Bureau of Investigation. Given Somaiya’s role as a BJP leader and former Member of Parliament, the statements could be viewed as related to public policy matters.
Krishna had claimed in the suit that Somaiya published an article on his website accusing Ziqitiza Health Care, Krishna’s firm, of improperly securing an ambulance services contract by leveraging Ravi’s influence. Krishna maintained the contract was obtained legally and sought one crore rupees in damages plus an injunction against further statements.
Somaiya argued he had relied on available records and acted in the public interest as a long-serving public figure. He pointed out that the CBI later registered a case against directors of Ziqitza Health Care, the then Chief Minister and Health Minister of Rajasthan, and the Director of the National Rural Health Mission in Rajasthan, following the CAG report. The agency cited irregularities in tender specifications, project execution, excess billing, and fund diversions. The company had secured ambulance contracts in Kerala, Rajasthan, Punjab and Bihar.
