Rajasthan ambulance scam: Kerala HC quashes order for compensation of ₹5 lakh against BJP leader

The Kerala High Court has overturned a ₹5 lakh compensation order in a defamation case brought by Ravi Krishna, son of Congress leader Vayalar Ravi, against BJP leader Kirit Somaiya. The case stemmed from allegations made in 2010 concerning the Rajasthan ambulance scam. The Division Bench of Justices Sathish Ninan and P. Krishna Kumar ruled that the Additional Sub Court of Ernakulam had made a legal error by concluding Somaiya had defamed Krishna without providing adequate proof to the contrary.

The court directed the lower court to reassess the matter, giving both sides a fair hearing. The court noted that Somaiya's claims were later validated by the Comptroller and Auditor General of India and the Central Bureau of Investigation, which had filed a chargesheet. Furthermore, considering Somaiya's status as a BJP leader and former MP, the court suggested that he might have been advocating public policy.

Krishna had accused Somaiya of publishing false allegations in a website article, claiming that Ziqitiza Health Care, Krishna's company, had obtained the ambulance services contract illegally, leveraging Vayalar Ravi's influence. Krishna demanded ₹1 crore in compensation and an injunction against further defamatory statements from Somaiya.

Somaiya countered that he had based his statements on available records and acted in the public interest as a seasoned public servant. Somaiya argued his statements were later substantiated by the CBI's findings, which alleged irregularities in the tender process for ambulance services awarded to Ziqitza Health Care, including technical specifications, irregularities in project implementation, and overbilling. The company secured contracts for ambulance services across Kerala, Rajasthan, Punjab, and Bihar.