Rajasthan ambulance scam: Kerala HC quashes order for compensation of ₹5 lakh against BJP leader
The Kerala High Court has set aside an award of ₹5 lakh as compensation in a defamation suit filed by Ravi Krishna, son of Congress
The Kerala High Court has set aside an award of ₹5 lakh as compensation in a defamation suit filed by Ravi Krishna, son of Congress leader and former Union Minister, Vayalar Ravi, against BJP leader Kirit Somaiya, arising from the Rajasthan ambulance scam of 2010. The Division Bench of Justices Sathish Ninan and P. Krishna Kumar held that the Additional Sub Court, Ernakulam, had erred in finding that Mr. Somaiya had defamed Mr. Krishna since he had not sufficiently proved the allegations wrong. The court instructed the trial court to consider the case again after providing sufficient opportunity to hear both sides.
The Bench held that the trial court should have considered that the allegations raised by Mr. Somaiya had been later corroborated by the Comptroller and Auditor General of India and the Central Bureau of Investigation had filed a chargesheet in the matter. Moreover, considering his position as a BJP leader and a former MP, Mr. Somaiya could have been speaking in the interest of public policy. Krishna had alleged in the defamation case that Mr. Somaiya had published an article on his website accusing Ziqitiza Health Care, Mr. Krishna’s company, of obtaining the contract for ambulance services from the government illegally, taking advantage of Mr. Ravi’s influence.
Mr. Krishna claimed that the accusations were false and that he had secured the contract legally. He sought ₹1 crore as compensation and directions to prohibit further defamatory statements from Mr. Somaiya. Acted in public interest In this regard, Mr. Somaiya had contended that he had only stated what he believed to be true from the records available to him and that, as a public servant of three decades, he had acted in the public interest. He claimed that his statements were later substantiated when the CBI had registered a crime against the Directors of Ziqitzia Health Care, the then Chief Minister and Health Minister of Rajasthan and the Director of Rural Health Mission, Rajasthan, based on the CAG’s report.
The CBI had alleged irregularities in the award of the tender for ambulance services in favour of Ziqitza Health Care by inserting technical specifications and irregularities in the implementation of the project, including excess bills claimed by the firm and the payment allegedly directed to the accused. The company was awarded contracts for providing ambulance services in Kerala, Rajasthan, Punjab and Bihar.
The BriefWire