A disturbing example of the normalisation of lawfare
1 year, 11 months ago

A disturbing example of the normalisation of lawfare

The Hindu  

The 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

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6 days, 16 hours ago
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2 weeks, 5 days ago
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1 month ago
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1 month, 1 week ago
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1 month, 1 week ago
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