MR JUSTICE JOHNSON
Approved Judgment
Hegab v Spectator
what he describes as the Hindutva ideology, but I do not accept that he genuinely
believed that those involved could reasonably be described, en bloc, as “the
Hindutva”. He denounced the opposing faction of Hindu men as “the Hindutva” for
his own rhetorical and propaganda purposes, just as he described the Jewish people he
encountered in Golders Green as “Zionists” without any objective basis, and to suit
his own narrative.
57.
Speech: In respect of his speech, the claimant laid great emphasis on his phrase “if
they believe in reincarnation”. He strenuously maintained that this was a genuine use
of a conditional clause which demonstrated that he was referring to the Hindutva, not
Hindus. His reasoning was this. All Hindus believe in reincarnation. It would
therefore be redundant to ask if a group of Hindu men believed in reincarnation. Thus,
the use of the word “if” shows he was not referencing Hindus. Instead, he was talking
about the Hindutva. He maintained that not all those who subscribe to the Hindutva
ideology are Hindus. It therefore made sense, in that context, to use the conditional
clause, because there are some Hindutva who are not Hindus and who may not
believe in reincarnation. The claimant made great play of the fact that he gave this
explanation in an interview before litigation was initiated, thereby proving that it was
not an ex post facto rationalisation to gain a litigation advantage.
58.
The claimant’s explanation is nonsensical. When asked to name anyone in the world
who subscribed to the Hindutva ideology but who was not Hindu he was able to give
only one name: Benjamin Netanyahu. Later, despite spending some considerable time
thinking about it, he came up with two further (equally incongruous) names: Tommy
Robinson and the second defendant. The reality is that those who subscribe to the
Hindutva ideology are overwhelmingly Hindu. There were no Hindutva, or at least no
significant numbers of Hindutva, in Leicester who were not Hindus. The phrase “if
they believe in reincarnation” was not a genuine conditional clause that sought to
distinguish Hindu Hindutva from non-Hindu Hindutva. It was a rhetorical device
intended to inflame sectarian tensions by inviting ridicule of a central tenet of
Hinduism.
59.
Even on its own terms, the claimant’s rationalisation does not work. That is because,
on his analysis, he did not choose to ridicule the Hindutva generally as a group. He
chose only to ridicule those Hindutva who were Hindus. So he was, thereby,
ridiculing Hindus as opposed to non-Hindus.
60.
The claimant’s evidence was that when he said “we got the truth” he meant that
justice was on the side of those he was talking to, as opposed to the Hindutva. I do not
accept this explanation. The words “we got the truth”, followed immediately by the
ridiculing of a central tenet of Hinduism, convey (and I am satisfied were intended to
convey) that Islam was superior to Hinduism. It was a further aspect of the claimant’s
inflammatory rhetoric that intentionally aggravated the febrile atmosphere.
61.
Financial losses: The messages which the claimant relied on to show the withdrawal
of funding arrangements have the appearance of being contrived for the purpose of
these proceedings. In two instances, they are addressed as “Dear Mr Hegab”, when
the correspondents were well known to the claimant and addressed him, in other
contemporaneous contexts, in altogether more natural and less formal terms. They
each attribute their decision to disassociate from him to the article. They each
provided the material that would be necessary to support a claim for financial losses