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Vivek Doval in his complaint said that the accused made a baseless attempt to establish a nexus between the Demonetisation and the growth of his business. The very name of the article ‘The D Companies’ malign the reputation of his and his family altogether. The author of the article made baseless insinuations by claiming that the sons of Ajit Doval run many businesses including a hedge fund in the Cayman Islands while their father demand action on tax havens. The Court of Additional Metropolitan Magistrate, Patiala House, Delhi would take cognizance of the statements made by Vivek Doval and Amit Sharma in the criminal defamation complaint against Jairam Ramesh and Caravan Magazine.
The complainant said that the words “web of conjectures and surmises’ in the article suggest the existence of a conspiracy by the family members to plough the black money back to India through the Cayman Islands in the post-demonetisation era. Further, the indirect implications in the article led to the damage of the reputation and goodwill which the complainant has earned over the years of hard work. Thus, he filed a complaint under section 499 and 500 of the Indian Penal Code for the prosecution of criminal defamation.
It is pertinent to note that Vivek Doval has gained reputation by having graduated from the London School of Economics, and worked in British Airways Investment Management Fund, London. It was Amit Sharma’s idea to start a hedge fund in 2013, and it commenced in 2016 with the support of stakeholders. Thus, there is nothing solid to stick Demonetisation with the growth of D Companies as they are two independent events.
The article did not explicitly point out the presence of illegality on Vivek Doval’s part, but the language used to depict the circumstances surrounding this issue in such a manner that there were wrong-doings with the aid of Ajit Doval. The complaint also contained the facts that many other MNCs such as Pfizer, Pepsi etc., are incorporated in the Cayman Islands.
According to the complaint, the article has been used as a political tool to help the deceitful hands to quench their vengeance.Jairam Ramesh held a press conference with hastiness without verifying the content of the article, which exhibited the Doval family in the bad light. Vivek Doval, son of National Security Advisor Ajit Doval, found his business making news through an article published by Caravan Magazine. It was imperative for the Congress leader to verify the fact contained in the article, and the failure to do the same embarrasses the Congress party.
The Panama Papers contain the name of the Director and the Legal Advisor of the business. The article does not justify any wrongdoings by the persons named in the Panama papers rather it attributes a kind of discredit to the Fund by merely stating the fact that such persons were named in the Panama papers.
Additionally, the caravan magazine did not comply with the due diligence process. Four days prior to publishing the article, the publisher had allegedly sent a message to Vivek Doval’s brother through messenger. However, his brother had seen the message only after five days, i.e. one-day after publication. Further, no such message could be found on the messenger. The publishers made neither a phone call nor gave any information about this issue. Hence, the complainant deemed the alleged communication to be an eyewash executed for the sake of defence in the criminal legal action. He also said that the fund operates in compliance with the laws and rules with regard to the RBI and SEBI.
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