Narendra Modi’s legal philosophy

 

How many masks?

You and I can say anything about Nehru, Gandhi, or even Golwalkar.  That’s what the latest legal judgment regarding one of the myriad cases against Narendra Modi says.

“Court throws out suit against Modi over ‘defamatory’ remark,” says a 4-coulmn headline in The Hindu today [March 20, page 7 – Delhi edition].  The Rajasthan High Court rejected a petition seeking initiation of criminal proceedings against the Hindutva champion for making defamatory remarks against Nehru.  The reason: Defamation suit can only be filed by the aggrieved person. 

What Modi said about Nehru is immaterial as far as I’m concerned.  He said something about Nehru not doing anything for India’s children though children called him Chacha (uncle).  When Modi is dead and gone, we can say boldly that he had done nothing for anybody except his chamchas and chelas.  I mean, we won’t be prosecuted for defaming him, at least.  We must be thankful to Modi for this.  He is making a great contribution to India’s legal philosophy. 

When more and more judgments come out in the umpteen other cases in which our prospective prime minister is embroiled, we will be able to console ourselves with the great contributions made by this incredible person to the country’s judicial system.

What amuses me, however, is this: how does a criminal like Modi get away so easily? 

To ask the question in a general way, setting Modi and his philosophy apart, how do so many criminals become our leaders?  Look at the recent elections in Uttar Pradesh. How many criminals have been elected?  Too many, in fact, if you have actually cared to look at the statistics (which I’m not going to repeat ad nauseam).  Why are we condemned to have criminals as our leaders?

As a teacher of English in classes XI and XII of CBSE I have often wondered about one simple thing.  There’s a lesson on Gandhi in one of the textbooks of class XII.  Hardly has any question ever been asked from that lesson in the Board exams though that’s one of the best lessons in the textbook.  What is the politics behind that?  Why does Gandhi get sidelined even in a question paper?  I have observed this ever since I joined CBSE as a teacher.  Is CBSE infested with anti-Gandhian Modi-supporters?  Of course, Modi is not dead and so I cannot make any assertion about Modi as he does about Nehru.  I shall wait. shan’t I?

 

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About matheikal

My more regular blog can be accessed at www.matheikal.blogspot.com
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27 Responses to Narendra Modi’s legal philosophy

  1. Sunil Deepak says:

    On criminals and politics, once a friend was telling me that those in power often slap false cases against the opponents, so that when their opponents try to stand in any election people will call them “criminals”. I think that this strategy can be called muddying the waters, so that people feel that no one is clean, so what can we do, we have to vote a criminal!

  2. DEEPAK KARTHIK says:

    Sometimes our law systems sounds… sorry, many times our law systems sounds like an ultimate absurdity.
    We cant help it neither ourselves.
    Modi and his allegations remains an unexplained mystery.
    But Modi means business says TIMES 😀
    Congress says BIASED !
    politics everywhere… years later we can defame Modi uncle 😀

    • matheikal says:

      No, Deepak, even years later it will matter with whom the power lies. Power rewrites history. I’m sure you know how history was rewritten when the BJP was in power at the centre and how it is being rewritten today in the BJP-led states. So, the last laugh belongs to power.

  3. Its a sorry state of affairs. When judgement like this is given – it becomes difficult to retain the respect, a person has earned during his Living.
    For all Nehru did during his lifetime – ppl can merely pass remarks – just bcoz he is no more, and does not come under the “aggrieved category”

    Given the media spread these days, notorious remarks get a wide coverage. Who is to take responsibility if a law & order situation occurs on account of casual remarks. Sad indeed.

    • matheikal says:

      The responsibility belongs to the individual and none else. It is the bounden duty of each one of us to know what is happening as well as what happened as far as we can. I’m sure if people engage themselves a little less with gadgets and wealth-making and a little more with acquisition of knowledge, the ‘real truth’ (as opposed to the truth dished out by vested interests) can be dis-covered.

  4. That only an aggrieved party can sue for defamation is a well established legal proposition. This judgement has not brought about anything new. In the absence of such proposition there will be a deluge of frivolous defamation cases garbed as PILs. Modi is entitled to have his views on Nehru or any person and if the same is true or relates to execution of duty by a public servant, Modi can air the same.

    Similarly you can air your views on Modi as long as it relates to his job as a Chief Minister. You need not wait for this death. But you are calling him a “criminal” in one of the paragraphs. That could be treated as defamatory.

    • matheikal says:

      As I have already answered in my response to Sid, Modi’s crimes stand proved to anyone who has bothered to study them. The rest is a matter of politics.

      • I wonder whether uncorroborated, unilateral views of some disgruntled officers which did not stand balanced legal scrutiny would amount to a good ‘study’ material.

      • matheikal says:

        You are welcome to STUDY the following:
        http://www.frontlineonnet.com/fl2904/fl290400.htm
        You’ll get at least five articles and 2 interviews which are not from any disgruntled elements. From genunine people.

        And read
        Tehelka: Vol 8,Issue 9: Cover Story: Conspiracy? On the Gujarat riots.
        Tehelka: Vol 8, Issue 6, Cover story: Scooping the SIT Report.

        The Tehelka editor, Tarun Tejpal, has been conferred an award by Mr Sita Ram Jindal who also conferred an award on Mr Anna Hazare.

        You judge Mr Valady where the truth lies…:)

  5. 1. Maybe sir I’m low on intellect, but too many themes in one write-up got me a little confused. I didn’t catch the central idea – was it Modi’s comments on Nehru or criminals getting elected or CBSE getting biased or Gandhi getting sidelined or students forgetting Gandhi or something else. If it’s Modi, did you imply that all the stuff above can be directly/indirectly attributed to Modi. Correct me sir, but I felt that you tried real hard to ‘defame’ him.
    2. ‘What amuses me, however, is this: how does a criminal like Modi get away so easily?’ – this sentence puts you in the league of a billion other citizens who judge by emotions and not by reason. One question : Did the court convict him? Now, I may sound quite affectionate to Modi but I’d rather go by reason.

    I honor your opinion but sometimes I really think that you push it too far.

    • matheikal says:

      Sid, you may remember Umberto Eco’s answer when he was asked how he managed to do “so many things”? He said he actually did only one thing, but it came out in many forms. My blog has a central theme. I wrote in a vein of cynicism (partially intentionally) and purposely made it look a weird logic. You’ll understand why if you think a little seriously.

      Modi is a criminal, as far as I’m concerned. I’ve read enough about his exploits especially from Sreekumar, an IPS officer who was on duty in Gujarat when the Modi-led riots took place. Sreekumar wrote in Malayalam, and so I cannot recommend the essay (which was a little book for its length) published in the Anniversary Issue of Malayala Manorama (Manorama’s anniversary issue is a book of about 400 pages!). There are documented arguments that the SIT led by Raghavan was supporting Modi, for God knows what. So, let the law its own sweet course. The truth lies elsewhere.

  6. Modi is not just any criminal, but the mastermind and chief architect of most horrific religious cleansing…yet he continues to win with such majority….everyone seems to be have forgotten about 2002 and can’t seem to stop raving about his administrative genius…a PM in training/making/queue….what a shame for a country…it scares me too…

    • matheikal says:

      Modi’s state is one in which the minorities live in fear. Many have fled the state. You can always bring prosperity to a select group. That doesn’t need any genius. Modi is no administrative genius. He is a political … ‘genius’?

  7. Arnab says:

    We need an amendment on this sooner than later, I had read about this in The Hindu and was equally shocked at my ignorance as I was at the verdict.I wont comment on the views of Modi, he is free to have them, but there should be laws to protect our National Heroes

    • matheikal says:

      Arnab, it is not the national heroes who need protection; it’s ourselves. We need protection from people who distort history, who distort minds, for personal gains.

  8. Sachin says:

    Regarding election in up sir
    there votes are purchasedby money n wine.
    Some goons also play role in booth management.
    Inlitrecy as you know is the best hideout for the criminals

    • matheikal says:

      Yes, Sachin, I’m very much aware of the role of money and wine as well as goons in the elections in many states, not just UP. You’re right, illiteracy is a major cause.

  9. Raghuram Ekambaram says:

    You write, “how does a criminal like Modi get away so easily?” Modi, irrespective of whether he is a crimial or not, is no one special. Just ask who makes the laws. It is ALWAYS the criminals! That is cynicism for you Matheikal 🙂

    Don’t you think the US is a criminal? Do you think they made the rules of international engagements, be they in finance, contracts, environment, governance, through UN, WB or IMF? You are constarined to answer yes to both these questions based on ground realities, and your question gets answered readily. The judicial system is an innocent bystander in thei shoot out between the criminals and the laws they created. You know who will win.

    RE

    • matheikal says:

      Raghuram, in the 18th century Jonathan Swift wrote that the law is like a cobweb, the big animals will break through it. I know who are the big animals in today’s world.

      Yes, criminals are ruling us. Let it be the US or THE Modi.

      Thanks. I loved your comment.

  10. I will thank Modi for this and honestly Sir, I can not comprehend where the world is going.

  11. makpossible says:

    Appreciate your vision. Judiciary in India is only for namesake and is hopeless. It doesn’t imply to politicians (criminals). We are in a country which is called largest democracy and a pathetic system.

    I am not Surprised to read about CBSE’s.

  12. gardenerat60 says:

    :-).

    The topic on Mahatma , should be learnt by all students, though they may not follow in later life. And why dont they make questions mandatory?

    Many of the lessons on great leaders, I am sure, are being sidelined, and the recent leaders are hogging the younger minds in schools.( I had seen in TN, the CM ‘s name appears in many pages of text books).

    Sir, Is it possible to see the Malayalam article from Mr.Sreekumar, on the Internet?

    • matheikal says:

      Thanks, gardener, for your opinion on the Mahatma. In spite of myself, I find myself admiring him.

      I don’t think Sreekumar’s article will be available on the internet since Manorama never takes such trouble. One serious problem with Manorama is that they are only interested in profits. The internet is not profitable for them since their readers, especially of the annual issue, mostly don’t use the internet.

      • gardenerat60 says:

        Thanks a lot. It goes without saying I enjoy your blog , and am amazed at your perceptions. I am glad I stumbled on to our blog in Indivine.

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