[For a brief, yet useful, discussion on the book:
<http://en.wikipedia.org/wiki/Gas_Wars>.]

http://scroll.in/article/725611/what-happened-to-the-legal-action-against-gas-wars-the-book-that-took-on-the-ambanis

SUPPRESSING DISSENT
What happened to the legal action against 'Gas Wars', the book that
took on the Ambanis?
Paranjoy Guha Thakurta  · Today · 08:30 am

What happened to the legal action against 'Gas Wars', the book that
took on the Ambanis?
The writer of the book, which is still available easily, details the
events of the year gone by since legal processes were initiated.

A year ago, lawyers engaged by the two richest siblings in India, sent
notices to me, my co-authors and my associates. It was claimed that we
had defamed the Ambani brothers, Mukesh and Anil, in our book Gas
Wars: Crony Capitalism and the Ambanis. Over the past 12 months, I
have often been asked: "What happened to the case against you?"

My standard reaction: "Case? What case?"

No legal proceedings

Contrary to what some may presume, Khaitan & Co., representing Mukesh
Ambani and Reliance Industries Limited, the country's largest private
corporate entity, and Mulla & Mulla, Craigie, Blunt & Caroe,
representing Anil Ambani and the Anil Dhirubhai Ambani Group, have not
filed any legal proceedings against me, my co-authors and my
associates, in any court of law in India or anywhere else, since the
legal notices were served on us in April-May 2014.

A day after the book was launched in New Delhi on April 15, 2014,
lawyers for RIL and Mukesh Ambani served the first notice on me, my
co-authors Subir Ghosh and Jyotirmoy Chaudhuri, our publishing
facilitator Authors UpFront, distributor FEEL Books, our printer,
Internet retailers Amazon, Flipkart and Kobo, and even Deepshikha
Shankar, who used to work for the Foundation for Media Professionals
and who had forwarded an electronic invitation for the launch function
to various people.

The notice alleging defamation described the nearly-600 page book as a
"pamphlet" and called for a stop on the sale, publication and
distribution of the book, suggested that all existing copies be
destroyed, that online publicity be stopped, and an unconditional
apology tendered by us.

A week later, on April 22, 2014, my co-authors and I received a second
legal notice, this time from lawyers representing the younger brother
Anil Ambani and the conglomerate he heads, ADAG. This notice asked for
the removal of the website promoting the book, www.gaswars.in, besides
an immediate halt to the sale, publication, distribution and
circulation of the book.

What the notices said

Both notices, in standard legalese, said that "failing compliance"
their clients would be "constrained to adopt such civil and/or
criminal proceedings" as "advised". On April 23, all nine respondents
of the first notice from Khaitan & Co. received another round of
notices, expressing unhappiness at the proceedings of the launch
event.

This notice took umbrage at my quoting the former Governor of West
Bengal Gopal Krishna Gandhi at the April 15 launch function. Gandhi
had described Reliance as a "parallel state", exemplifying corporate
greed, earlier that same morning at the Indian government' auditorium
in the capital, Vigyan Bhavan.

Ironically, Gandhi had made the remarks while delivering the 15th D.P.
Kohli Memorial lecture, titled Eclipse at Noon: Shadows over India's
Conscience, organised on the occasion of the conclusion of the golden
jubilee celebration of the country's premier police agency, the
Central Bureau of Investigation.

It is understood that a separate legal notice was sent to Gandhi. The
April 23 notice had a rather prickly dart thrown at us. We were asked
to pay "token damages of INR 100 crore" within ten days. We later
learnt that a similar notice had been served on the editor of
MoneyLife magazine and website for publishing a review of Gas Wars.

Striking fear

There's a term to denote the impact such legal notices are meant to
have not only on those on whom these have been served by on others as
well. It's called "chilling effect". In legal jargon, such notices are
called SLAPP or strategic lawsuits against public participation - that
is, litigation meant to harass, intimidate and silence critical
writers who are expected to give in after they are faced with
prospects of incurring high expenditure on legal defence.

As far as my collaborators and I are concerned, our position has not
changed. We do not believe there is anything in the book that is
defamatory. The book, which had been in the making for more than four
years, is based on government reports, various other publications and
websites, and interviews with many individuals, including senior
officials of the Reliance group.

On May 23, 2014, a month after we responded to the legal notices, a
fourth notice was received by us from Khaitan & Co. reiterating the
views that had been already made. The following month, RIL brought out
a 56-page, glossy booklet titled: India has never been here before:
Facts you didn't know about KG-D6. (KG-D6 refers to the area in the
Bay of Bengal off the basin of the Krishna and Godavari Rivers along
the south-eastern coast of the country where a company controlled by
RIL has been exploring and producing oil and natural gas.) Together
with the booklet that contained endorsements of the work RIL was doing
by eminent persons, a promotional video was released.

The past year has been a tumultuous one for me. I have been humbled
and, at the same time, astonished by the reactions of different - and
diverse - sections of people to Gas Wars. Expect new, updated versions
of the book in different Indian languages.

Paranjoy Guha Thakurta is a journalist, educator and documentary
film-maker with 38 years of experience.

-- 
Peace Is Doable

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