2019-Rafale Hullabaloo – Was It All About Disparaging Modi?

The cynical political desires of those who cannot withstand the success of Narendra Modi to tarnish his image of an incorruptible on the basis of wholly uncorroborated allegations (almost assuredly as a cover for their contempt for his popularity, conviction and the people who elected him) did not, as has been exposed, actually have a case in Rafale. They seemed, rather, to be trying to ride the belief of people that such deals cannot be without corruption, reckonings which had formed over long decades of corrupt governments.

Narendra Modi saw his character assassinated on the basis of (apparently false) claims of theft and wrong doing. He was cast as someone partisan who was trying to benefit some corrupt businessmen. His purported partners in executing the crime were cast as the embodiment of the powerless. To large swathes of society, Modi was inherently guilty, by reason of being a non-congressman and a non-Gandhi-Nehru scion, and his accusers beyond reproach.

In the realms of the Court rooms and in the court of public opinion, both the political class and the media violated all standards of justice and journalistic integrity. Blinded by emotion, the anti-Modi forces inverted the pillar of our legal system of the presumption of innocence, and refused to subject all manner of outlandish claims to even basic levels of scrutiny. Many members of the bar and media alike proved irresponsible and vindictive.

"Modi's image has not been created by the Khan Market gang, or Lutyens Delhi, but 45 years of his toil," Modi told The Indian Express in May 2019.

He was referring to Congress President Rahul Gandhi's statement to a TV channel in which Gandhi said the Congress had dismantled PM Modi's image over allegations of corruption in the Rafale deal. Modi also clarified why he had highlighted late Prime Minister Rajiv Gandhi's holiday at a naval ship in an election rally and made it a poll issue.

The Supreme Court gave clean chit to the Modi government on the purchase of 36 fully-loaded Rafale fighter jets from French company Dassault Aviation, rejecting the plea for registration of an FIR by the CBI for alleged commission of cognisable offence in the deal. The apex court dismissed the pleas seeking review of the December 14, 2018 verdict in which it had said that there was no occasion to doubt the decision-making process in the procurement of 36 Rafale fighter jets. The Supreme Court on Thursday 14 November 2019 not only dismissed the review petition in the Rafale case but also censured Rahul Gandhi for wrongly attributing his remark “Chowkidar chor hai" to the apex court.

Rafale case illustrated that when swept up in a movement, truth-seeking inquiries in pursuit of justice can easily morph into inquisitions that subvert the very justice they claim to seek.

Rafale Review petitions have fundamentally changed something in our society; or perhaps reflect a society fundamentally changed; manifesting itself in the arming of the legal system that has swung the scales of justice out of balance. The narrative seemed to trump the truth.

Currently, lawyers, clients, and witnesses can make defamatory statements in public court filings and depositions without fear of a civil suit or a perjury prosecution. It is in fact exceedingly rare for anyone to be prosecuted for perjury in a civil proceeding. It is these realities that incentivised petitioners to falsely accuse Modi of a crime with complete immunity.

Accusers can effectively "launder" defamatory accusations through the media while protecting themselves from being hit with defamation suits by planting such allegations in court filings, and leaking them to the press.

The accused often has little recourse and there are no consequences for those who file accusations with no offer to prove them and no legal responsibility if they are categorically false and disprovable.

The erosion of fundamental principles of justice as well as a lack of any semblance of fairness in journalism reflects an erosion of our culture.

For victim and victimiser alike, the Indian justice system, and those who report on it, needs to be fair and equal. A case must be judged on its merits, treating parties involved as unique an individual who’s every motive, belief and action cannot just be presumed as convenient. There is a crying need for reforms in our justice system to treat both the accused and the accuser fairly, and for the court of public opinion to do the same. Recognizing that societies are often swayed by their passions, it is an argument that needs to be made. The pressure that can be exerted on judges when they are adjudicating controversial or challenging cases has been greater than ever, in part due to a climate of online hostility. The internet has clearly changed the landscape. Every judge is definitely in the firing line when it comes to online harassment and abuse.

Power corrupts, and absolute power corrupts absolutely. History teaches us that the desire to bring down the powerful can also corrupt, and the absolute desire to bring down the powerful can corrupt absolutely.

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