
A disturbing example of the normalisation of lawfare
The HinduThe word “lawfare” is a portmanteau of “law” and “warfare”. However, the conviction of the now former Congress Member of Parliament from Wayanad, Rahul Gandhi, for criminal defamation by a court in Surat, and his subsequent disqualification from the Lok Sabha, represents a disturbing example of the normalisation of lawfare in India. Mr. Gandhi was prosecuted for the following remark: “how are the names of all these thieves ‘Modi, Modi, Modi’ … Nirav Modi, Lalit Modi, Narendra Modi.” The prosecution was based on the complaint of Purnesh Modi, a Bharatiya Janata Party leader, who claimed that by virtue of his surname, he, along with all other people bearing the surname “Modi”, had been defamed by Mr. Gandhi’s remark. However, not only does this interpretation concentrate more power in the hands of courts when it comes to the political process but it is also naive from the perspective of lawfare: as the case of Mr. Gandhi has shown, when the Lok Sabha Secretariat issues the disqualification order before even a translation of the judgment was available, and before the convicted individual’s lawyers have had a feasible chance to move for a stay, the protection the Court thought was available is nothing more than a chimera. Indeed, the Lily Thomas judgment is just one of many examples where, acting on so-called “public interest litigation petitions”, the Supreme Court has intervened in the political process.
History of this topic

V.K Saxena defamation case: Delhi court bins Medha Patkar’s plea for new witness, ‘tactics to delay trial’
The Hindu
Defamation case against V K Saxena: Court junks Medha Patkar's plea for new witness
Hindustan Times
Lucknow Court Imposes ₹200 Fine On LoP Rahul Gandhi Over Non-Appearance In VD Savarkar Defamation Case
Live Law
Defamation case against Rahul Gandhi: Hearing deferred to March 6
The Hindu
What is defamation in India? IPC Sections & notable cases
The Hindu
What is defamation in India? IPC Sections & notable cases
The Hindu
Rahul Gandhi gets permanent exemption from court appearance in defamation case, files application to change nature of trial
The Hindu
Pune Court grants Rahul Gandhi permanent exemption from appearing in Savarkar defamation case
Hindustan Times
Rahul Gandhi Moves Pune Court To Convert Defamation Case Into 'Summons Trial' To Bring Historical Facts About Savarkar Before Court
Live Law
Rahul Gandhi Moves Pune Court To Convert Defamation Case Into 'Summons Trial' To Bring Historical Facts About Savarkar Before Court
Live Law
Defamation case: Complainant deposes in court against Rahul Gandhi
Hindustan Times
Defamation Case Against Rahul Gandhi, Cross-Examination Completed
Deccan Chronicle
Hathras gang rape, murder case : Acquitted accused files defamation suit against Rahul Gandhi
Hindustan Times
Rahul Gandhi defamation case: Hearing deferred again due to lawyers' strike
The Hindu
Supreme Court Stays Criminal Proceedings Against Rahul Gandhi For Remarks Against Shah
ABP News
Rahul Gandhi defamation case: SC stays criminal proceedings over alleged remarks against Amit Shah
The Hindu
SC stays defamation proceedings against Rahul Gandhi over remarks on Amit Shah
Hindustan Times
Supreme Court halts criminal proceedings against Rahul Gandhi in defamation case
India Today
Supreme Court Stays Proceedings Against Rahul Gandhi In Criminal Defamation Case Over Remarks Against BJP & Amit Shah
Live Law
Supreme Court stays defamation proceedings against Congress leader Rahul Gandhi over 2018 comments on Amit Shah
Live Mint
SC stays proceedings in defamation case against Rahul Gandhi over remarks against Amit Shah
India TV News
Karnataka High Court Stays Proceedings Against Rahul Gandhi for a Month in Defamation Case
Deccan Chronicle
Karnataka HC stays proceedings against Rahul Gandhi in defamation case filed by BJP
The Hindu
Savarkar Defamation Case: Rahul Gandhi Gets Bail From Pune Court After Virtual Hearing
ABP News
Rahul Gandhi seeks transfer of defamation case in Thane over jurisdiction dispute
India Today
Karnataka High Court Quashes Defamation Case Against Congress Leader Over Remarks On The Word 'Hindu'
Live Law
Savarkar defamation case: Pune court grants exemption to Rahul Gandhi, asks him to appear on Jan 10
Hindustan Times
Savarkar Defamation Case: Pune Court Extends Time Given To Rahul Gandhi To Appear Before Court
Live Law
Varanasi Court Rejects Plea Seeking FIR Against Rahul Gandhi Over His Remarks On Sikhs During US Trip
Live Law
Savarkar Defamation Case | Pune Court Orders Personal Appearance Of Rahul Gandhi On December 2
Live Law
Rahul Summoned to Pune Court on Dec 2 Over Savarkar Remark
Deccan Chronicle
Nashik court summons Rahul Gandhi in defamation case over remarks on Savarkar
The Hindu
Defamation case: Rahul Gandhi appears in UP court in defamation case over remarks on Amit Shah
Hindustan Times
Bombay HC grants relief to Rahul Gandhi in 2014 RSS defamation case
The Hindu
Rahul Gandhi defamation case: Uttar Pradesh court orders personal appearance of Rahul Gandhi on July 2
The Hindu
Morning briefing: Rahul Gandhi to appear before Bengaluru court today; CEC on EVM tampering accusations, and more
Hindustan Times
Rahul Gandhi to Appear in Bengaluru Court Tomorrow in Defamation Case Filed by Karnataka BJP
Deccan Chronicle
Defamation case: Rahul Gandhi asked to appear before Bengaluru court on June 7
Live Mint
Defamation case against Rahul Gandhi: Hearing on May 27
The Hindu
Rahul Gandhi to appear before UP court tomorrow in defamation case
India Today
Ex-minister disqualified from Assembly after his conviction in bank scam
Hindustan Times
Rahul Gandhi's return to Parliament challenged in Supreme Court
India Today
RSS Defamation Case: Rahul Gandhi moves Bombay HC against Thane court order
Live Mint
Rahul Gandhi Returns to Lok Sabha: A Deeper Look at SC Verdict, Its Implications
The Quint
Opposition leader Rahul Gandhi reinstated to India’s Parliament days after top court’s order
Associated Press
Rahul Gandhi reinstated as Wayanad MP after Supreme Court relief in defamation case, to attend Parliament
Hindustan Times
SC stay on Rahul Gandhi’s conviction, Gyanvapi ASI survey: Top news of the week
Live Mint
‘Unfortunate that court…’: Kapil Sibal on SC stay on Rahul Gandhi’s conviction
Live Mint
'Not only Rahul Gandhi but all Opposition leaders being harassed': Bihar Dy CM Tejashwi Yadav
India TV News
DC Edit | SC relief for Rahul is a boost for democracy too
Deccan ChronicleDiscover Related












































