Modi Surname Case: Rahul Gandhi Seeks 15 Days’ Time From Ranchi Court To Appear Physically

New Delhi: Congress leader Rahul Gandhi’s lawyer Pradeep Chandra on Friday sought 15 days time to appear physically before the MP-MLA court in Ranchi. A hearing was held in the MP-MLA court of Ranchi on Friday in the case related to the alleged comment on the Modi surname. The order of Rahul Gandhi to appear physically by the MP-MLA court has been challenged in the High Court. A person named Pradeep Modi, a resident of Ranchi, had filed a defamation case against Rahul Gandhi for commenting on the Modi surname. The hearing of the case is going on in the Ranchi MP-MLA court. Rahul Gandhi had sought exemption from physical examination.

Ranchi’s MP/MLA court had rejected Congress leader Rahul Gandhi’s plea for exemption from personal appearance in the ‘Modi surname case’ in early May. Meanwhile, the Gujarat High Court also reserved its order on Rahul Gandhi’s plea to stay his conviction in the defamation case. Justice Hemant Prachhak will pronounce the verdict after the vacation. The court refused to give any interim relief to Rahul Gandhi.

Rahul Gandhi had on April 25 moved the Gujarat High Court challenging the Surat sessions court order which refused to stay his conviction in a criminal defamation case. During the hearing on April 29, the court adjourned the hearing till May 2 after senior advocate Abhishek Manu Singhvi, appearing for Rahul Gandhi, sought time to place certain documents on record.

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The Surat sessions court had on April 20 dismissed Rahul Gandhi’s plea seeking a stay on his conviction in a 2019 criminal defamation case. In his judgement, Additional Sessions Judge Robin P Mogera had cited Gandhi’s stature as a parliamentarian and former head of the country’s second largest political party and said he should have been more careful. He cited prima facie evidence and observations of the trial court and said it showed that Gandhi made some derogatory remarks against Prime Minister Narendra Modi, besides comparing people with the same surname with thieves.

Mogera said that Bharatiya Janata Party (BJP) MLA Purnesh Modi is also the surname of the complainant in the case. “…the complainant is [also an] Former Minister and involved in public life and such defamatory remarks would certainly have damaged his reputation and caused him pain and suffering in the society. Irreparable or irreparable damage to the MP cannot be said or damage to Gandhi.

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After being convicted by a lower court in a criminal defamation case, Rahul Gandhi was disqualified as a Lok Sabha MP. He was elected to the Lok Sabha from Wayanad, Kerala. A trial court had on March 23 sentenced the Congress leader to two years in jail under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Purnesh Modi.

At a rally in Kolar, Karnataka in April 2019, Rahul Gandhi took a dig at Prime Minister Narendra Modi, saying, “How come all thieves have the surname Modi?” After the sessions court’s verdict, the Congress had said it would approach the Gujarat High Court.