Violation of Personal Liberty: Gujarat High Court Steps in After Lower Court Issues Direct Non-Bailable Warrant Against Journalist

In a rare Saturday evening emergency hearing, the Gujarat High Court issued notice on a petition filed by independent journalist Ravi Nair, challenging a lower court’s decision to issue a non-bailable warrant against him without issuing prior summons. Citing Article 21 of the Constitution and the fundamental right to personal liberty, the High Court took up the urgent petition late in the day, taking serious note of procedural lapses by the district court.

Appearing on behalf of Nair, Advocate Ronith Joy made forceful submissions before the bench after seeking an urgent listing directly from the Chief Justice. The defence argued that the district magistrate completely bypassed established criminal procedure by issuing a direct non-bailable warrant (NBW) instead of starting with a standard summons or bailable warrant.

Direct Breach of Supreme Court Precedents

Advocate Joy pointed out that the lower court’s drastic action directly violates the landmark principles laid down by the Supreme Court of India in the case of Inder Mohan Goswami and Another. Under settled Indian jurisprudence, courts must exhaust less restrictive measures—such as summons or bailable warrants—before resorting to non-bailable warrants that strip a citizen of their personal liberty.

The High Court was further informed that Ravi Nair had voluntarily appeared before the trial court and moved an application seeking the cancellation of the warrant. Despite his physical presence and willingness to comply with court proceedings, the trial judge rejected his plea and ordered him to be taken into custody.

Key legal points raised during the emergency hearing include:

• Bypassing Due Process: Lower court issued a direct non-bailable warrant without issuing summons or a bailable warrant first.
• Precedent Violation: Breach of Supreme Court guidelines set in the Inder Mohan Goswami judgment regarding personal liberty.
• Refusal to Recall: Lower court rejected Nair’s application to cancel the warrant even after he appeared in person.
• Article 21 Protections: High Court prioritized the petition to safeguard constitutional guarantees of individual freedom.

High Court Issues Notice, Matter Set for Monday

Recognising the gravity of the constitutional question and the risk to individual liberty, the Gujarat High Court intervened immediately to protect the journalist's rights. The court issued notice to the opposing parties and scheduled the case for further detailed arguments on Monday.