Modi surname Defamation Case

Let me begin with a disclaimer, I want to be as neutral as possible and just give my views. Let us examine the facts of the case. Rahul Gandhi has been found guilty of defamation in a case filed by one MLA from the ruling Bharatiya Janta Party. He is named Mr. Phanesh Modi and represents Surat (W) constituency. 

The CPC defines defamation as any statement that harms a person's reputation or lowers them in the eyes of others. The burden of proof in civil cases is on the plaintiff to prove that the statements were made with malice and caused harm to their reputation or livelihood.

“Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with, or both.” The offence under this section is non-cognizable, bailable and triable by a Court of Sessions.

Based on the above two pieces of information I want to state some facts and coincidences which are relevant to this case. 

Elections in India are generally free season and since the last three decades the Indian politicians have reduced election speeches to lowest levels possible. Abuse personal attacks and insults to opposition leaders and at times to constitutional functionaries have become routine. 

In this case in the year 2023 suddenly out of the blue a speech made by Rahul Gandhi in Karnataka about the corruption of fifteen persons some of whom have fled the country with or without the collusion of the powers in government was pulled out to register a case against him. What did Rahul Gandhi say 

Nirav Modi , Mehul Choksi, Vijay Mallya, Lalit Modi, Anil Ambani, Narendra Modi… choron ka group hai (they are a group of thieves)… They take money from your pockets, snatch money from farmers and small shopkeepers, and give it to the same 15 people. They tell you they are fighting against black money, they make you stand in a line under the sun, they take money from your pockets to put in the bank, and then you come to realize that Nirav Modi stole your money and ran away. Rs 35,000 crore out of your pockets and into his… One small question, how are the names of all these thieves ‘Modi, Modi, Modi’… Nirav Modi, Lalit Modi, Narendra Modi, and if you search a little more, aur bahut saare Modi niklenge (many more Modis will emerge). He ended with slogan Chaukidar chor hain.

So the speech begins with naming corrupt persons who have often been named in the public discourse, some having fled the country. The reference to two of them who shared a common surname with Modi was made but he referred to 15 persons as a group of thieves. As far as the rhetoric of election was concerned this was mild compared inflammatory remarks based on religion and family by many others. In no way was it a reference to all bearing the surname Modi as alluded by the complainant. 

The second thing is why after four years of this forgotten speech did one among the 13 crore Modi take offense. In what way did this speech affect the reputation or livelihood of Mr. Phanesh Modi? Modi's do not represent a cast or community, they are spread all over the country and can be Hindu, Muslim or Parsi. Some are from backward class others are not. 

The third question is about the complainant. Was he personally defamed? I do not think so and even if for a moment we say he was indirectly defamed then why did he not file a case in 2019 and wait for four years. 

Is there a political motive in the filing of the case? It seems the answer is yes as all the defamation cases filed against Rahul Gandhi all over the country are by BJP members. 

The other fact remains about the reaction of the Government Ministers and the BJP spokesmen including the Home Minister Mr. Amit Shah. The celebrations and the criticism of Rahul made it amply clear that this was certainly a political game aimed at neutralizing a leader of the opposition party, who by his recent actions and dignified behaviors' was gaining ground. Mr. Amit Shah has actually thanked Mr. Phanesh Modi in a public speech. 

One important thing was the comment of the Supreme court on the actions of both the Sessions Court and the High Court of Gujarat which upheld the verdict that they did not justify the reasons for giving the maximum punishment for defamation. The offence if any of Rahul Gandhi was neither a heinous crime or a crime against society to justify maximum punishment. The credibility of the Gujarat judiciary was questioned way back in 2002 when all cases related to Gujarat riots were shifted to Mumbai High Court. 

The fact that if the punishment of two years of imprisonment was reduced by even a day the Rahul Gandhi would not have been disqualified or effectively debarred from contesting elections in 2024. As a neutral person I ask all who are reading this post if a inference that the Gujarat judiciary coincidentally did everything that suited the Government of the day is in any way wrong? Now we need to see if the Lok Sabha secretariat will show the same efficiency and speed in reversing disqualification which they showed in acting on the Gujrat judgement in the first place.  

Rahul Gandhi has been called "Pappu" by many in BJP on various occasions but this has never been considered defamatory. 

My personal feeling is that there is an attempt to intimidate the opposition and this is a sign of a well thought out plan or arrogance of the rulers. How will the people of India react? Only time will tell.